01A11470_r
07-11-2002
Sharon D. Jackson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sharon D. Jackson v. United States Postal Service
01A11470
July 11, 2002
.
Sharon D. Jackson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A11470
Agency No. 1-H-331-0113-00
DECISION
Complainant initiated contact with the agency's EEO Office on August
3, 2000. On October 2, 2000, complainant filed a formal EEO complaint
wherein she claimed that she was discriminated against on the bases of
her race (Black) and sex (female) when she was bypassed for employment
from December 1998 until March 2000, even though she achieved a 90% score
on the entrance examination in September 1998. Complainant stated that
she was not hired until after she sent the agency a letter of inquiry.
Complainant stated that she completed her 90-day probationary period on
June 11, 2000.
By decision dated December 1, 2000, the agency dismissed the complaint
on the grounds that complainant failed to initiate contact with an EEO
Counselor in a timely manner. The agency determined that complainant's
EEO contact on August 3, 2000, with regard to her complaint, was after
the expiration of the 45-day time limit for contacting an EEO Counselor.
The Commission agrees with the agency. On appeal, complainant indicates
that in her letter of inquiry which was received by the agency on February
23, 2000, she informed the agency that she was aware of �friends� being
hired with a lower score than her. The Commission finds that complainant
should have reasonably suspected discrimination at the time of or prior
to her sending that letter. Complainant contends that she did not become
aware of the discrimination until July 2000, when upon her inquiry,
learned from her union representative that there had been improper hiring
by the agency during the period in question. However, the Commission
finds that this new information merely supports complainant's previous
suspicion of the alleged discrimination. The Commission has adopted a
"reasonable suspicion" standard (as opposed to a "supportive facts"
standard) to determine when the limitation period is triggered under
the EEOC Regulations. See Ball v. United States Postal Service, EEOC
Request No. 05880247 (July 6, 1988). Thus, the limitations period is not
triggered until a complainant should reasonably suspect discrimination,
but before all the facts that would support a charge of discrimination
have become apparent. Accordingly, the agency's decision dismissing
complainant's complaint was proper pursuant to 29 C.F.R. � 1614.107(a)(2)
and 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
July 11, 2002
__________________
Date