0520140053
03-28-2014
Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 0520140053
Appeal No. 0120132168
Agency No. 4F-9450-019-13
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120132168 (September 11, 2013). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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.
See 29 C.F.R. � 1614.405(c).
On March 21, 2013, Complainant filed a formal complaint alleging that the Agency discriminated against her on the bases of sex (female), age (54), and reprisal for prior protected EEO activity when, on November 20, 2012 and other unspecified dates, it denied her the opportunity to be trained as a 204B Acting Supervisor.
The appellate decision affirmed the Agency's dismissal of Complainant's complaint pursuant to 29 C.F.R. � 1614.107(a)(2), for the untimely filing of the formal complaint. Specifically, the appellate decision found that Complainant received the notice of right to file a formal complaint (notice) on February 27, 2013, but did not file her formal complaint until March 21, 2013, which was beyond the 15-day limitation period contained in 29 C.F.R. � 1614.106(b). In addition, the appellate decision found that Complainant did not offer adequate justification to warrant an extension of the time limit for filing the formal complaint.
In her request for reconsideration, Complainant stated that the appellate decision involved a clearly erroneous interpretation of material fact or law, and that the appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. In addition, Complainant stated that the Agency continues to discriminate against her and that such discrimination would affect the Agency's day-to-day operations and any future complaints.
Upon review, we find that Complainant's request for reconsideration does not demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or that the appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. Specifically, Complainant failed to show that the appellate decision clearly erred in dismissing her complaint for the untimely filing of the formal complaint. The record reflects that Complainant received the notice on February 27, 2013, as evidenced by her scanned signature for USPS Priority Mail/Signature Confirmation No. 2311 0770 0000 5472 3909. The notice indicated that Complainant had to file a formal complaint within 15 calendar days of its receipt, or by March 14, 2013. However, Complainant did not file her formal complaint until March 21, 2013 (postmark date of the formal complaint), which is beyond the 15-day limitation period.
After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(c), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120132168 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
This decision of the Commission is final, and there is no further right of administrative appeal from the Commission's decision. 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.
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
___3/28/14_______________
Date
2
0520140053
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140053