Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

May 9, 2013

0120122461 (E.E.O.C. May. 9, 2013)

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

,
Complainant,

v.

Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.

Appeal No. 0120122461

Agency No. 1C-371-0013-11

DECISION

Upon review, the Commission finds that the Agency’s decision dated April 3, 2012, dismissing
Complainant’s complaint due to untimely filing of a formal complaint is proper pursuant to 29
C.F.R. § 1614.107(a)(2). For the following reasons, we AFFIRM the Agency’s decision.

BACKGROUND

The record indicates that Complainant contacted an EEO Counselor on September 17, 2011,
concerning his complaint. Unable to resolve the matter informally, Complainant received a
Notice of Right to File Individual Complaint of Discrimination on December 16, 2011. On
February 21, 2012, Complainant filed his complaint alleging discrimination in reprisal for
prior EEO activity when: (1) from August, 2011, through September, 2011, he was delayed in
receiving a PSE Custodial position, and when awarded the position on September 19, 2011,
management refused to give him the evening shift; (2) on October 5, 2011, he was terminated
as a Casual Mail Handler; and (3) on an unspecified date, he was not notified by the Tennessee
Unemployment Compensation Office, they had not received a termination notice from the
Postal Service, which delayed his unemployment benefits. In its decision, the Agency
dismissed the complaint due to its untimely filing.

On appeal, Complainant contends that it was “an over site in choosing the correct address” to
send his formal complaint. He indicates that he filed his formal complaint in a timely manner
to the Commission, and not to the Agency. Complainant submits evidence that he mailed his
formal complaint on December 28, 2011, to the Commission.

0120122461

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ANALYSIS AND FINDINGS

The record indicates that on December 16, 2011, Complainant received a Notice of Right to
File Individual Complaint. Therein, Complainant was informed of his right to file a formal
complaint within 15 days after receipt of the notice to the Agency EEO Office. Therein,
Complainant was clearly notified of the Agency EEO Office address. The Agency did not
receive Complainant’s formal complaint until February 21, 2012, which was beyond the 15-
day time limit, described above. On appeal, Complainant acknowledges that he mistakenly
filed his complaint with the Commission. Based on the foregoing, we find that Complainant
fails to provide adequate justification to warrant an extension of the time limit for filing the
complaint.

CONCLUSION

Accordingly, the Agency’s final decision is AFFIRMED.1

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

1 We note that although the Agency also dismissed claim (3) on the alternative grounds for
failure to state claim pursuant to 29 C.F.R. § 1614.107(a)(1), we need not discuss that in this
decision since the dismissal is affirmed due to untimely filing of a formal complaint.
(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.
0120122461

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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

May 9, 2013
Date