0120091605
02-14-2011
Phyllis Bowles, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Phyllis Bowles,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Appeal No. 0120091605
Hearing No. 240-2004-00140X
Agency No. 1J-461-0008-03
DISMISSAL OF APPEAL
By Notice of Appeal postmarked February 24, 2009, Complainant filed an
appeal with this Commission from the, December 10, 2008, final agency
decision (FAD) concerning her EEO complaint of unlawful employment
discrimination in violation of Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
BACKGROUND
Complainant alleged that she was discriminated against on the basis of
her disability when, on November 25, 2002, the Agency removed her from
employment. This case has an extensive procedural history which includes
the Agency filing an appeal from an EEOC Administrative Judge's decision
finding discrimination. On April 24, 2008, the Commission, however,
vacated the Agency's notice of final action and remanded the matter to
the Agency for a supplemental investigation.1 The Agency filed a Request
for Reconsideration on May 29, 2008. The Agency's Request was denied.
The Agency completed the supplemental investigation and issued the FAD
in question on December 10, 2008.
Complainant acknowledges that she received the Agency's FAD on January
8, 2009. A review of the FAD reveals that the Agency properly advised
Complainant that she had thirty (30) calendar days after receipt of
its final decision to file her appeal with the Commission. Therefore,
in order to be considered timely, Complainant had to file her appeal no
later than February 7, 2009. Complainant's appeal however was filed
seventeen days after the expiration of the thirty-day filing period.
Complainant has not offered a justification for an extension of the
applicable time limit for filing her appeal.
CONCLUSION
Accordingly, Complainant's February 24, 2009 appeal is hereby dismissed.
See 29 C.F.R. � 1614.403(c).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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
77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
__2/14/11________________
Date
1 In Bowles v. USPS, EEOC Appeal No. 0720060016 (April 24, 2008), the
Commission found that there was insufficient evidence in the record
to determine whether Complainant was a qualified individual with
a disability. Consequently, the Agency was ordered to undertake and
complete a supplemental investigation, as well as issue a new final
decision based on the new investigation.
??
??
??
??
2
0120091605
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120091605