0120142856
10-22-2015
Anastacia D,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southwest Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Anastacia D,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Appeal No. 0120142856
Agency No. 1J-483-0078-10
DISMISSAL OF APPEAL
By Notice of Appeal postmarked July 22, 2014, Complainant filed an appeal with this Commission from the January 19, 2011 final Agency decision (FAD) concerning her EEO complaint of unlawful employment discrimination.
The record indicated that the Agency sent Complainant the final decision on January 19, 2011 which was not received by Complainant. However, Complainant submitted another copy of the final decision with the date May 19, 2011 stamped on it. A review of the FAD reveals that the Agency properly advised Complainant that she had thirty (30) calendar days after receipt of its final decision to file her appeal with the Commission.
Complainant filed her appeal with the Commission on July 22, 2014, without specific explanation. With her appeal form, Complainant provided a copy of a settlement agreement from September 11, 2008 which was not the subject of the Agency's final decision. The Agency responded to the appeal and provided the Commission with a copy of the settlement agreement dated July 15, 2010 which Complainant alleged was breached. Complainant failed to submit any support regarding her appeal and failed to indicate when she received the Agency's final decision. Complainant filed statements raising new claims of discrimination. These matters are improperly before the Commission and shall not be addressed.
Based on the date on the Agency's final decision, the Commission presumes that Complainant received the decision in 2011 but filed her appeal on July 22, 2014. Complainant has not offered adequate justification for an extension of the applicable time limit for filing her appeal.2 Accordingly, Complainant's July 22, 2014 appeal is hereby dismissed. See 29 C.F.R. � 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0815)
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 Chap. 9 � VII.B (Aug. 5, 2015). 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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
October 22, 2015
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
2 We note that Complainant contacted the Commission on June 1, 2015, submitted a request to no longer process her complaint, namely Agency No. lJ-482-0036-15. We note that this Agency number is not the number of the instant matter. Complainant submitted a second request on August 13, 2015, providing the Agency No. lJ-482-0036-15 and Appeal No. 0120142856. It is unclear as to whether Complainant intended to dismiss the instant matter or merely make the Commission aware of the processing of her other complaints of discrimination.
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