0120112883
10-18-2011
Pierre A. Adams, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.
Pierre A. Adams,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Great Lakes Area),
Agency.
Appeal No. 0120112883
Agency No. 4J-604-0029-11
DECISION
Complainant filed a timely appeal with this Commission from the
Agency's revised final decision dated April 27, 2011,1 dismissing a
formal 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. and Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq.
BACKGROUND
During the period at issue, Complainant worked as a Letter Carrier at
the Agency’s Moraine Valley Post Office in Bridgeview, Illinois.
On April 15, 2011, Complainant filed a formal EEO complaint alleging
discrimination based on race (African American), sex (male), and
disability (stress). In its April 27, 2011 revised final decision, the
Agency dismissed Complainant’s formal complaint pursuant to 29 C.F.R. §
1614.107(a)(2), on the grounds that it was untimely filed. The Agency
determined that Complainant received the Notice of Right to File a
Discrimination Complaint (hereinafter “Notice”) on March 30, 2011,
which notified Complainant that a formal complaint had to be filed within
fifteen days of receipt of the Notice. However, the Agency found that
Complainant waited until April 15, 2011, to file his formal complaint,
beyond the requisite fifteen days from the date of receipt of the Notice.
The instant appeal followed. On appeal, Complainant requests that
his untimely filing be excused but offers no reason to explain why he
was late.
ANALYSIS AND FINDINGS
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. Based on a thorough
review of the record and consideration of the arguments on appeal, the
Commission concludes that the dismissal, due to the untimely filing of
the formal complaint, was proper.
The record in this case contains sufficient evidence reflecting
Complainant’s receipt of the Notice on March 30, 2011. Specifically, we
note that the record contains a copy of a document titled “Track/Confirm
– Intranet Item Inquiry.” Therein, Complainant acknowledged receiving
the Notice on March 30, 2011 by signing his name. Moreover, the record
reflects that Complainant filed the formal complaint on April 15, 2011,
after the 15-day limitation period for timely filing a formal complaint.
On appeal, Complainant has not presented adequate justification for
extending the limitation period.
The Agency’s final decision dismissing the instant formal complaint on
the grounds of untimely EEO Counselor contact was proper and is AFFIRMED.
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
October 18, 2011
__________________
Date
1 The Agency’s April 27, 2011 revised final decision rescinded and
replaced an April 26, 2011 final decision.
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01-2011-2883
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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