Raymond Richardson, Complainant,v.Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.

Equal Employment Opportunity CommissionDec 6, 2012
0520120323 (E.E.O.C. Dec. 6, 2012)

0520120323

12-06-2012

Raymond Richardson, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.


Raymond Richardson,

Complainant,

v.

Patrick R. Donahoe,

Postmaster General,

United States Postal Service

(Southwest Area),

Agency.

Request No. 0520120323

Appeal No. 01A23716

Hearing No. 270-A1-9024X

Agency No. 1G-711-0031-97

DENIAL

Complainant requested reconsideration of the decision in Raymond Richardson v. U.S. Postal Service, EEOC Appeal No. 01A23716 (October 18, 2002). EEOC Regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).

The initial decision dismissed Complainant's appeal on the basis that he had filed a civil action in U.S. District Court. It found that the subject of CV02-1831-S, filed in the United States District Court in the Western District of Louisiana, was the same as the claims raised in EEOC Appeal No. 01A23716, and that the processing of Complainant's EEO complaint by the Commission should cease.

By regulation, requests for reconsideration must be filed within thirty (30) calendar days after the party receives the previous decision. 29 C.F.R. � 1614.405(b). A document is timely if it is received or postmarked before the expiration of the applicable filing period or, in the absence of a legible postmark, if it is received by mail within five days of the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).

The initial decision was mailed to Complainant on October 18, 2002. Complainant was presumed to have received the decision no later than October 23, 2002, and therefore any request for reconsideration would have been due by November 22, 2002. As evidenced by the post mark date, complainant mailed the request on February 22, 2012, which was beyond the 30-day limit set by regulation.

As justification for his late request submission, Complainant stated that he was "seeking protections from waste, fraud and abuse of unresolved irreparable harm from employment discrimination," and that he should be excused from his late filing due to the nature of his disabilities and the discovery of new evidence. Complainant did not describe with specificity the nature of the new evidence. Complainant also claimed that he did not know that the processing of his EEO complaint would cease when he filed his civil action in U.S. District Court. The Agency filed a statement in opposition to Complainant's request for reconsideration in which it argued that Complainant's request was untimely filed, and that the complaint had been adjudicated in District Court.

We find that Complainant has not provided adequate justification for the nearly 10-year untimely filing of his request for reconsideration, and that he has not shown, in any case, that the previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. Complainant also did not show that he has been incapacitated since the time he received the initial decision, such that he was incapable of pursuing his rights. We have consistently held, in cases involving physical or mental health difficulties, that an extension is warranted only where an individual is so incapacitated by his condition that he is unable to meet the regulatory time limits. See Davis v. U.S. Postal Serv., EEOC Request No. 05980475 (Aug. 6, 1998); Crear v. U.S. Postal Serv., EEOC Request No. 05920700 (Oct. 29, 1992).

Therefore, for the foregoing reasons, the complainant's request is DENIED. The decision in EEOC Appeal No. 01A23716 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 (0610)

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 (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

December 6, 2012

Date

2

0520120323

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520120323