01A30716_r
09-30-2003
Felice Mora, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Felice Mora v. United States Postal Service
01A30716
September 30, 2003
.
Felice Mora,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30716
Agency No. 1F-946-0036-02
DECISION
Complainant filed an appeal with this Commission from the agency's
decision dated September 28, 2002, dismissing her complaint of unlawful
employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq. and Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq. In her
complaint, complainant alleged that she was subjected to discrimination
on the basis of race, sex, disability, reprisal, and age, when:
In January 1986, complainant was moved to in-house work after an incident
with a dog while delivering mail;
On November 1, 1988, after being assaulted by customers on "welfare
day," complainant's supervisor laughed about the incident and required
complainant to make a statement before seeking medical treatment.
In January 1989, complainant was moved to the Main Office where she
was assigned duties by Supervisor S1, in violation of her medical
restrictions.
In December 1989, complainant was moved from morning detail by Supervisor
S2, because she had reported safety violations, misuse of fund and
other deficiencies.
In 1993, complainant was denied several bids and denied her request
for an operations change due to complainant's light/limited duty status
following an accident on July 8, 1993.
Complainant's requests for a change of supervisor from S2 after the July
8, 1993 accident were denied.
On September 27, 1997, complainant aggravated her back injury while
moving a mail container.
On unspecified dates, S2 monitored complainant's clock and security
rings until complainant left for surgery in 1998.
Supervisor S3 attempted to issue a written warning to complainant when
complainant was attending a medical care facility provided by the USPS.
On November 23, 2001, complainant was yelled at by Supervisor S4, whom
complainant believed was intoxicated at the time.
On January 11, 2002, S4 loudly, aggressively, and disrespectfully yelled
at complainant and made threatening gestures. Later the same day,
S4 yelled at complainant again.
On January 26, 2002, S4 followed complainant for the entire day.
On July 31, 2002, Supervisor S5 told complainant that complainant was
just making herself late when complainant asked about her time card not
being with her medical form as it should have been. A timekeeper told
complainant that she would not give complainant anything to say she was
on time if complainant's time card could not be located.
On August 1, 2002, S5 refused to give complainant a note verifying her
presence when she had no time card available. S5 verbally attacked
complainant in front of complainant's new supervisor.
On August 7, 2002, S5 refused to give complainant a begin tour.
On August 11, 2002, S4 would not give complainant a time card.
On August 14, 2002, complainant's request for leave without pay (LWOP)
for August 10, 2002 was denied.
EEOC Regulation 29 C.F.R. � 1614.106(b) requires the filing of a
written complaint with an appropriate agency official within fifteen
(15) calendar days after the date of receipt of the notice of the right
to file a formal complaint. EEOC Regulation 29 C.F.R. � 1614.107(a)(2)
provides that the agency shall dismiss a complaint that fails to comply
with the applicable time limits contained in � 1614.106.
The agency dismissed the complaint pursuant to 29 C.F.R. � 1614.107(a)(2),
finding that complainant had filed her complaint one day late. The agency
determined, and we agree, that the record shows that complainant received
at her address of record the notice of right to file a formal complaint
on August 13, 2002. Although the notice indicated that complainant
had to file a formal complaint within 15 calendar days of its receipt,
complainant did not file her formal complaint until August 29, 2002,
which is one day beyond the limitation period. Therefore, we find that
the complaint was untimely filed and was properly dismissed pursuant to
� 1614.107(a)(2). Because of our disposition of the complaint, we do
not address the agency's other reasons for dismissing the complaint.
The agency's decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (S0900)
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 (Z1199)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
September 30, 2003
__________________
Date