0120121695
08-03-2012
Aisha L. Glover, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Aisha L. Glover,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Appeal No. 0120121695
Agency No. 1J632000212
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision dated January 3, 2012, dismissing her complaint of unlawful employment discrimination 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. 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 Counselor contact.
BACKGROUND
Until April 15, 2010, Complainant worked as a Mail Handler at the Agency's Saint Louis Network Distribution Center facility in Hazelwood, Missouri. On December 13, 2011, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of sex (female) and disability (unspecified) when:
1. Complainant was removed from the Agency effective April 15, 2010.
The Agency dismissed the complaint on the grounds that Complainant's EEO Counselor contact was untimely. The Agency noted that EEO posters informing employees of the deadline for initiating EEO complaints were posted at the facility and that Complainant was therefore aware of the relevant time limits.
CONTENTIONS ON APPEAL
Complainant reiterates arguments that she made before the Agency. Specifically, Complainant argues that a male coworker (CW) was three times charged with the same offense as herself, Failure to Maintain a Regular Work Schedule, but each time he was given a Last Chance Agreement and was allowed to return even though he failed to stick to the Agreements. Meanwhile Complainant was never offered the opportunity to enter into a Last Chance Agreement and has not been allowed to return. Complainant argues that it was not until she learned of this comparison employee that she developed a reasonable suspicion that her removal was discriminatory and that her Counselor Contact was therefore not untimely.
ANALYSIS AND FINDINGS
The record discloses that the alleged discriminatory event occurred on April 15, 2010, but Complainant did not initiate contact with an EEO Counselor until November 12, 2011, which is beyond the forty-five (45) day limitation period. The Informal Complaint shows that the Plant Manager indicated that the reason CW was treated differently was because he was a veteran and she was not. Complainant disagrees with this reason, but provides no basis for such disagreement. Furthermore Complainant has provided no information about the details surrounding when and how she learned that CW was treated differently than she was in order to determine if her Counselor Contact was timely. The Commission finds that Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact.
CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
August 3, 2012
__________________
Date
2
0120121695
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120121695