[Redacted], Sheila I., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Eastern Area), Agency.

Equal Employment Opportunity Commission

Feb 14, 2023

Appeal No. 2021001701 (E.E.O.C. Feb. 14, 2023)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Sheila I.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Eastern Area), Agency. Request No. 2022004571 Appeal No. 2021001701 Hearing No. 470-2020-00048X Agency No. 1C-401-0030-19 DISMISSAL OF REQUEST FOR RECONSIDERATION Complainant requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in Shelia I. v. U.S. Postal Serv., EEOC Appeal No. 2021001701 (May 31, 2022). EEOC Regulation 29 C.F.R. § 1614.405(c) provides that a request for reconsideration to the Commission must be filed within 30 calendar days after a complainant receives the appeal decision. The Commission will dismiss any request that is not filed in a timely manner, unless extenuating circumstances prevented the timely filing of the request. The Commission's previous decision included a Certificate of Mailing indicating that, for purposes of timeliness, the Commission will presume that the decision was received within five calendar days of the date on which it was mailed, May 31, 2022. Complainant is presumed to have received the previous decision no later than June 6, 2022 (June 5, 2022 was a Sunday). Thirty days from that date is July 6, 2022. Complainant filed the instant request for reconsideration on August 21, 2022, well beyond the 30-day limit required by regulation. As justification for the late request submission, Complainant states that when she received the Commission’s decision and discussed it with her attorney, she became really upset and sick and focused only on her attorney’s comments about the timeframe for filing a civil action. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2022004571 2 Complainant adds that when she read the decision again, she realized she could file a request for reconsideration. Although we are sympathetic to the difficulties endured by Complainant, we find that she has not offered adequate justification for an extension of the applicable time limit for filing her request for reconsideration. Accordingly, Complainant's request is DISMISSED as untimely filed pursuant to 29 C.F.R. §1614.405(c). The decision in EEOC Appeal No. 2021001701 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 (P0610) 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations February 14, 2023 Date