0120064934
05-15-2007
Ronald Shinoskie, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Ronald Shinoskie,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01200649341
Agency No. 4C-430-0069-06
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated July 21, 2006, dismissing his 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
the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29
U.S.C. � 621 et seq. Upon review, the Commission finds that complainant's
complaint was properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2).
During the relevant period, complainant was employed as a Letter Carrier
at an Ohio facility of the agency. On March 31, 2006, complainant
initiated contact with an EEO Counselor alleging that the agency
discriminated against him based on race (Polish & American Indian) and age
(over 40) when it did not pay a medical bill, from a June 5, 2002 medical
visit, until March 30, 2006. Complainant stated that agency management
instructed him to seek medical attention following an on-the-job
car accident so it is responsible for the resulting medical bill.
Complainant stated further that the agency failed to pay the bill in a
timely manner and a debt collection agency communicated with him about the
medical bill numerous times between 2002 and the agency's payment in 2006.
He stated that the company threatened him continuously. He added that
he attempted to resolve the matter with agency management consistently
during the four year period, to no avail. In a formal complaint dated
June 28, 2006, complainant reiterated the above allegation.
In its July 21, 2006 final decision, the agency dismissed complainant's
complaint for untimely EEO Counselor contact. Specifically, the
agency stated that complainant was fully aware that the agency was
responsible for the medical bill at issue and had not paid the bill in
2003, 2004, or 2005. The agency added that complainant is familiar
with the administrative EEO process as he has prior EEO activity and
there is contact information and statutory time-frames displayed on
common area bulletin boards. In addition, the agency dismissed the
instant complaint pursuant to 29 C.F.R. � 1614.107(a)(1), stating that
complainant incurred an on-the-job injury and submitted a related claim
to the Office of Workers' Compensation Programs (OWCP), which was denied,
and that he now tries to launch a collateral attack against the OWCP
process with the claim herein.
Complainant filed the instant appeal. On appeal, complainant stated
that, in June 2005, his manager (S1) was informed that she could issue
a no-fee money order to pay the 2002 medical bill but she did not do so
until a year later. Complainant explained that discrimination was not
apparent to him until S1 paid the bill on March 31, 2006 and his initial
EEO contact is within 45 days of that date.
The record discloses that the alleged discriminatory event occurred
throughout 2003, 2004, and 2005 and complainant was aware of the agency's
nonpayment due to the debt collector's persistent contact, but complainant
did not initiate contact with an EEO Counselor until March 31, 2006.
We find that complainant's initial EEO contact is beyond the statutory
forty-five (45) day limitation period and that, on appeal, complainant
has presented no persuasive arguments or evidence warranting an extension
of the time limit for initiating EEO Counselor contact. We find no need
to address the agency's alternate dismissal basis. 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
May 15, 2007
__________________
Date
1 Due to a new Commission data system, the instant case has been
redesignated with the above-referenced appeal number.
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0120064934
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120064934