01A10546_r
04-04-2001
Willie R. Hopkins, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Willie R. Hopkins v. United States Postal Service
01A10546
April 4, 2001
.
Willie R. Hopkins,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A10546
Agency No. 4G-780-0329-00
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO contact.
On June 8, 2000, complainant initiated EEO Counselor contact. The record
contains an Information for Precomplaint Counseling form. Therein,
complainant claimed that he was injured on the job in May 1987, and that
from May 1987 through May 2000, he was on 959 (limited duty) status.
Complainant further claimed that it took the agency thirteen years to
provide him with a permanent rehabilitation assignment on March 25,
2000, although other employees received such assignments ahead of him.
On July 5, 2000, complainant filed a formal complaint, alleging
discrimination on the basis of race. Complainant's complaint was
comprised of the same matter for which he underwent EEO counseling.
On September 26, 2000, the agency issued a final decision, dismissing the
complaint for failure to initiate timely contact with an EEO Counselor.
The agency determined that complaint's initial EEO Counselor contact on
June 8, 2000, was more than forty-five days after the March 25, 2000,
rehabilitation assignment.
On appeal, complainant argues that he did not reasonably suspect
discrimination until June 1, 2000, when he learned that other workers
(injured subsequent to complainant's injury) had been placed in such
assignments ahead of him.
Although complainant asserts that he was not aware that he was the
victim of discrimination until his purported discovery on June 1, 2000,
the Commission has held that a complainant must act with due diligence
in the pursuit of his claim or the doctrine of laches may be applied.
A complainant must be reasonably diligent in the pursuit of claims.
O'Dell v. Department of Health and Human Services, EEOC Request
No. 05901130 (December 27, 1990). Here, the record reflects that
complainant was on a limited duty status for a thirteen-year period,
until March 2000. We are unpersuaded by his assertion on appeal that it
was only subsequent to his placement on a permanent assignment that he
discovered that other employees were provided permanent assignments
ahead of him. We determine that complainant failed to act with
reasonable diligence regarding the matter raised in his formal complaint.
Accordingly, the agency's decision to dismiss the complaint was proper
and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
April 4, 2001
__________________
Date