01a54856
12-15-2005
Karen Spurling, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Karen Spurling v. United States Postal Service
01A54856
December 15, 2005
.
Karen Spurling,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54856
Agency No. 1C-401-0022-05
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact. In her complaint, complainant alleged that she
was subjected to discrimination on the bases of disability and reprisal
for prior EEO activity, when on September 23, 2003; October 20, 2003;
November 23, 2003; August 9, 2004; and October 13, 2004, she requested
to be reinstated with the agency, but never received a response to
these requests.
The record discloses that the alleged discriminatory events occurred up
until October 13, 2004, but complainant did not initiate contact with
an EEO Counselor until May 4, 2005, which is beyond the forty-five
(45) day limitation period. On appeal, complainant has presented no
persuasive arguments or evidence warranting an extension of the time
limit for initiating EEO Counselor contact. Accordingly, the agency's
final decision dismissing complainant's 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
December 15, 2005
__________________
Date
***FOR OFO INTERNAL CIRCULATION ONLY***
PROCEDURAL CASES
INITIAL
DATE REVIEWED
TO: CARLTON M. HADDEN, DIRECTOR,
OFFICE OF FEDERAL OPERATIONS
HILDA RODRIGUEZ, DIRECTOR,
APPELLATE REVIEW PROGRAMS
APPEAL NUMBER
AGENCY NUMBER
REQUEST NUMBER
HEARING NUMBER
01A54856
1C-401-0022-05
THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL
TITLE
NAMES
INITIAL
DATE REVIEWED
ATTORNEY:
Navarro Pulley
12/12/05
SUPERVISOR:
Mary Jean Secoolish
DIVISION DIR:
Catherine McNamara
COMPLAINANT(S):
Karen Spurling
AGENCY:
United States Postal Service
DECISION:
Affirmed
STATUTE(S)
Rehabilitation Act
BASIS(ES):
HP, HM, and OR
ISSUE(S):
R4
TYPIST/DATE:NP0/12/12/05SPELL CHECKYes
(PLEASE CHECK ALL APPLICABLE CODES)
PROCEDURAL CODES
OTHER CLOSURE CODES
X 3K - Procedural Decision
? 3N - Appeal Denied/Dismissed
? 3P - Adverse Inference
X 4H - OFO Affirmed FAD
? 3M - OFO Reversed and Remanded
? 4J - OFO Modified FAD
? 3L - OFO Vacated/Remanded ALL of
Agency's Merits Decision
? 4Q - Compliance Required
? 3B - FAD Rescinded
? 3C - Duplicate Docket Number
? 3D - Withdrawal
? 3E - Complaint Settled
? 3G - Other Letter Closure
? 3R - Return to Agency for Consolidation
? 3S - Return to AJ for Consolidation
? 7N - Civil Action Filed
Revised 4/30/02
Appellate Review Program Companion Case Checklist
COMPLAINANT
AGENCY
Appeal/Request/Petition No.
Karen Spurling
United States Postal Service
01A54856
OPEN
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0
CLOSED
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Navarro Pulley 12/12/05
______________________ _______________
ATTORNEY DATE