Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity Commission

Sep 18, 2015

01-2014-1700-0500 (E.E.O.C. Sep. 18, 2015)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service,
Agency.

Appeal No. 0120141700

Agency No. 4E-890-0043-13

DISMISSAL OF APPEAL
By Notice of Appeal postmarked March 22, 2014, Complainant filed an appeal with this
Commission from the January 28, 2014 final agency decision concerning her EEO complaint
of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act
of 1967, as amended, 29 U.S.C. § 621 et seq

.
The Agency asserts in its response to Complainant’s appeal that the appeal was untimely filed.
According to the Agency, its product and information tracking sheet indicates that the final
agency decision was delivered on February 3, 2014. However, the tracking sheet does not
specifically state the address to which it was delivered although it does indicate it went to
Complainant’s state and zip code. Complainant states on appeal that her roommate informed
her that the final agency decision was received at her address on February 18, 2014.
Complainant asserts that she was away housesitting and that her roommate gave her the final
agency decision on February 22, 2014. A review of the final agency decision 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.

The Commission has held that receipt of a document at a complainant's correct address, i.e.,
address of record, by a member of the complainant's family or household of suitable age and
discretion creates a rebuttable presumption of constructive receipt. Fontanella v. General
Services Administration, EEOC Request No. 0519940131 (April 10, 1995). We find that the
appropriate date to commence the 30-day filing period is February 19, 2014, the day after the
final agency decision was received at Complainant’s address. Therefore, in order to be
0120141700

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considered timely, Complainant had to file her appeal no later than March 20, 2014.
However, Complainant did not file the instant appeal until March 22, 2014, two days after the
expiration of the 30-day filing period. Complainant has not offered adequate justification for
an extension of the applicable time limit for filing her appeal.

CONCLUSION

Accordingly, Complainant's March 22, 2014 appeal is hereby dismissed as untimely. 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).

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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 Complainants 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

September 18, 2015
Date