05981013
02-11-1999
Deborah A. Ragsdale, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Deborah A. Ragsdale v. United States Postal Service
05981013
February 11, 1999
Deborah A. Ragsdale, )
Appellant, )
) Request No. 05981013
v. ) Appeal No. 01973123
) Agency No. 4-G-730-1177-95
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On July 31, 1998, Deborah A. Ragsdale (appellant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Ragsdale v. USPS, EEOC Appeal No. 01973123 (June 22,
1998). EEOC Regulations provide that the Commissioners may, in their
discretion, reconsider any previous decision. 29 C.F.R. �1614.407(a) &
(c).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the party requesting reconsideration receives our
previous decision. 29 C.F.R. �1614.407(b). Requests for reconsideration
are deemed filed on the date received by the Commission, unless postmarked
earlier.
In this case, appellant's request for reconsideration carried a postmark
date of Friday, July 31, 1998. The record reflects that appellant
received our previous decision on June 29, 1998. Thus, appellant filed
her request for reconsideration more than thirty calendar days after she
received the previous decision. In her request for reconsideration,
appellant states she filed her request late because she got married,
went on a honeymoon, and began to combine households to get things better
established. Appellant has failed to submit justification for extending
the filing period beyond thirty days.
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01973123 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal from a decision of the Commission on a request
for reconsideration.
ORDER
The agency is ORDERED to ensure the completion of the following actions:
1. The agency shall refer appellant to EEO counseling for a clarification
of the allegations in her August 14, 1995 EEO complaint, including
defining all abbreviations. Appellant may not add new allegations and
shall not be required to refile her August 14, 1995 complaint.
2. The EEO counselor shall issue a new report containing the specifics
of appellant's allegations which shall include, but not be limited to,
relevant dates of alleged discrimination beginning from the date of the
first alleged discriminatory incident or effective date of the first
alleged discriminatory personnel action; the identities of all male
employees cited by appellant who were allegedly treated more favorably
than PM allegedly treated appellant, and the specific dates appellant
claims PM gave these comparative employees more favorable treatment.
Appellant shall also specify the nature of the allegedly more-favorable
treatment.
3. The agency shall conduct a supplemental investigation into the
timeliness of appellant's initial EEO counselor contact as follows:
a) the agency shall obtain a statement from appellant, under oath or
affirmation, specifically as to when and why she first believed she had
been discriminated against; and the names, positions or job titles of
the persons, if any, to whom appellant asserts she raised her claims
of discrimination (including dates and subject matter of any grievances
appellant filed), with corresponding dates and methods of contact, and
those individuals' specific responses to her claims. Appellant shall
also include in her statement an explanation as to why she did not
contact an EEO counselor in this matter prior to July 5, 1995.
b) The agency shall further obtain all relevant documents, including
statements taken under oath and affirmation from persons with applicable
knowledge, pertaining to information regarding the specifics of EEO
posters (including their specific contents, relevant dates, and locations
of posting relative to appellant's worksite, and other areas she would be
expected to frequent), training, booklets, and any other means and methods
whereby it may be demonstrated whether appellant knew or should have
known of the applicable time requirements for initiating EEO counseling
at the time her allegations arose, beginning with her first allegation.
4. Appellant and the EEO counselor shall agree on the issues in
appellant's August 1, 1995 complaint, and whether appellant is requesting
compensatory damages. In the event agreement on the issues cannot be
reached, the agency shall issue a final decision, with appeal rights
to the Commission, defining the issues of appellant's August 14, 1995
complaint. The final decision shall further determine the timeliness
of appellant's initial EEO counselor contact as outlined above.
If the agency dismisses appellant's complaint, in whole or in part,
it shall state the specific legal grounds (including an appropriate
continuing violation analysis), and facts relied upon. The agency shall
not dismiss any allegation de facto by omitting that issue from the FAD.
All Ordered actions, including but not limited to the supplemental
investigation and issuance of the final decision, must be completed within
ninety (90) days of the date the Commission's decision becomes final.
A copy of the final decision must be submitted to the Compliance Officer,
as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some
jurisdictions have interpreted the Civil Rights Act of 1991 in a manner
suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR
DAYS from the date that you receive this decision. To ensure that your
civil action is considered timely, you are advised to file it WITHIN
THIRTY (30) CALENDAR DAYS from the date that you receive this decision
or to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. In the alternative,
you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR
DAYS of the date you filed your complaint with the agency, or filed your
appeal with the Commission. 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.
Filing a civil action will terminate the administrative processing of
your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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 that the Court appoint
an attorney to represent you and that the Court 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 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:
Feb. 11, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat