Jerold Y.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.

Equal Employment Opportunity Commission

Nov 6, 2019

2019005935 (E.E.O.C. Nov. 6, 2019)

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

Jerold Y.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.

Request No. 2019005935

Appeal No. 0120182741

Hearing No. 480-2017-00517X

Agency No. 1F-901-0002-17

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant requested that the Equal Employment Opportunity Commission (EEOC or
Commission) reconsider its decision in Jerold Y. v. U.S. Postal Serv., EEOC Appeal No.
0120182741 (Mar. 28, 2019). Complainant, a Mail Processing Clerk, PS-06, at the Agency's
Processing & Distribution Center in Los Angeles, California, filed an EEO complaint alleging that
the Agency discriminated against him on the bases of sex (male) and age (54) when starting on
September 19, 2016, management has not granted his request for a detail as an acting supervisor
(204B position). The Commission previously affirmed the Agency’s final order finding no
discrimination.

EEOC Regulation 29 C.F.R. § 1614.405(c) provides that a request for reconsideration to the
Commission must be filed within 30 calendar days after a complainant receives the appeal
decision. The appeal decision specifically included a Certificate of Mailing indicating that for
timeliness purpose, the Commission will presume that the decision was received within five
calendar days after it was mailed, which was March 28, 2019.

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.
2019005935

2
Complainant filed the instant request via certified mail on August 27, 2019, which was well beyond
the 30-day time limit including the five-day presumption of receipt of the Commission decision.
In his request, Complainant does not provide any justification for extending the filing period
beyond 30 days.

Accordingly, the request is DISMISSED as untimely filed pursuant to 29 C.F.R. § 1614.405(c).
The decision in EEOC Appeal No. 0120182741 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 (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 Complainant’s 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

November 6, 2019
Date