Olga Alamo, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.

Equal Employment Opportunity CommissionJun 29, 2004
01A41566 (E.E.O.C. Jun. 29, 2004)

01A41566

06-29-2004

Olga Alamo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.


Olga Alamo v. United States Postal Service

01A41566

June 29, 2004

.

Olga Alamo,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Pacific Area)

Agency.

Appeal No. 01A41566

Agency No. 1F-904-0024-00

Hearing No. 340-2001-03074X

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's

appeal from the agency's final action in the above-entitled matter.

Complainant alleged that the agency discriminated against her on the bases

of race (Hispanic), sex (female), and disability (alleged impairments of

stress and depression), in violation of Title VII of the Civil Rights Act

of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and Section

501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,

29 U.S.C. � 791 et seq., when:

(1) On May 5, 1998, complainant was subjected to hostile work environment

harassment based on a postal customer's actions;

On July 2, 1999, complainant was converted from a transitional employee

mail carrier to a casual mail carrier;

From July 2, 1999, to September 11, 1999, complainant was required to

work extra hours without overtime and proper safety precautions;

On September 11, 1999, complainant was transferred to the Los Angeles

Bulk Mail Center (BMC); and,

On November 5, 1999, complainant was terminated from her casual mail

handler position at the Los Angeles BMC.

On June 2, 2000, the agency issued a Partial Acceptance/Dismissal,

in which it accepted claim 5 for investigation, but dismissed claims 1

through 4 for untimely EEO Counselor contact, pursuant to 29 C.F.R. �

1614.107(a)(2). On October 9, 2003, the AJ issued a decision without

a hearing regarding claim 5, finding no discrimination. The AJ

also dismissed claims 1 through 4 for untimely EEO Counselor contact.

On November 26, 2003, the agency issued Notice of Final Action adopting

the AJ's findings. As final action has now been taken on all of

complainant's claims, the instant complaint is ripe for adjudication.

Complainant did not initiate contact with an EEO Counselor until December

15, 1999. We find that claims 1 through 4 were not raised within the

forty-five (45) day limitation period for initiating EEO Counselor

contact as required under the Commission's regulations. Furthermore,

claims 1 through 4 are not related to claim 5. On appeal, complainant has

presented no persuasive arguments or evidence warranting an extension of

the time limit for initiating EEO Counselor contact. Therefore, claims

1 through 4 are hereby dismissed, pursuant to 29 C.F.R. � 1614.107(a)(2).

With regard to claim 5, after a review of the record in its entirety,

including consideration of all statements submitted on appeal, it is

the decision of the Equal Employment Opportunity Commission to affirm

the agency's final action, because the AJ's issuance of a decision

without a hearing was appropriate, see Petty v. Department of Defense,

EEOC Appeal No. 01A24206 (July 11, 2003), and a preponderance of the

record evidence does not establish that discrimination occurred.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. The appellate decision involved a clearly erroneous interpretation

of material fact or law; or

2. The appellate decision will have a substantial impact on the policies,

practices, or operations of the agency.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

You have the right to file a civil action in an appropriate United States

District Court within ninety (90) calendar days from the date that you

receive this decision. If you file a civil action, you must name as

the defendant in the complaint the person who is the official agency head

or department head, identifying that person by his or her full name and

official title. Failure to do so may result in the dismissal of your

case in court. "Agency" or "department" means the national organization,

and not the local office, facility or department in which you work. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

RIGHT TO REQUEST COUNSEL (Z1199)

If you decide to file a civil action, and if you do not have or cannot

afford the services of an attorney, you may request that the Court appoint

an attorney to represent you and that the Court permit you to file the

action without payment of fees, costs, or other security. See Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;

the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).

The grant or denial of the request is within the sole discretion of

the Court. Filing a request for an attorney does not extend your time

in which to file a civil action. Both the request and the civil action

must be filed within the time limits as stated in the paragraph above

("Right to File A Civil Action").

FOR THE COMMISSION:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

June 29, 2004

__________________

Date

s