01A20307_r
12-11-2001
Jody K. George, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Jody K. George v. United States Postal Service
01A20307
December 11, 2001
.
Jody K. George,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A20307
Agency Nos. 4F-956-0099-01; 4F-956-0128-01
DECISION
Complainant filed an appeal with this Commission from an agency decision
pertaining to his complaints 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. and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
The Commission accepts the appeal in accordance with 29 C.F.R. � 1614.405.
Complainant contacted the EEO office regarding claims of discrimination
based on race, color, religion, sex, national origin, age and in
reprisal for prior protected activity. Informal efforts to resolve
complainant's concerns were unsuccessful. Subsequently, complainant
filed two complaints on August 17, 2001.
In a final decision dated August 29, 2001, the agency consolidated
the complaints.<1> The agency dismissed the complaints on the
grounds that they were untimely filed. The agency determined that
complainant received his Notice of Right to File Individual Complaint
forms (hereinafter �Notices�), for both complaints, on August 1, 2001.
According to the agency, complainant waited until one day beyond the
fifteen-day time limit.
The regulation set forth at 29 C.F.R. � 1614.107(a)(2) states, in
pertinent part, that an agency shall dismiss a complaint which fails to
comply with the applicable time limits contained in 29 C.F.R. � 1614.106,
which, in turn, requires the filing of a formal complaint within fifteen
(15) days of receiving notice of the right to do so.
Here, the record contains copies of Domestic Return Receipts, for each
case, showing that complainant received the Notices on August 1, 2001.
The Notices informed complainant that he had fifteen days from the
date of receipt of the Notices in which to file a formal complaint.
The record further reflects that the complaints were postmarked August
17, 2001, one day beyond the time limitation. Complainant has failed
to present adequate justification, pursuant to 29 C.F.R. � 1614.604(c)
for extending the filing period.
Because of our disposition, we find it unnecessary to address the
agency's alternative dismissal grounds for one of the claims raised in
the complaints.
Accordingly, the agency's decision to dismiss the complaints was proper
and is hereby 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
December 11, 2001
__________________
Date
1Thereafter, the agency referred to the consolidated complaints as Case
No. 4F-956-0099-01.