01A42525
06-24-2004
Shirley A. Burgess, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Shirley A. Burgess v. United States Postal Service
01A42525
06-24-04
.
Shirley A. Burgess,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A42525
Agency No. 1F-921-0038-99
DISMISSAL OF APPEAL
On February 20, 2004, complainant requested that the Commission assist
her in obtaining the status of her complaint, Agency No. 1F-921-0038-99,
which was filed in 1999. The Commission docketed that request as the
subject appeal, and requested the pertinent documentation from the agency.
On April 21, 2004, the agency mailed to the Commission the Report of
Investigation, as well as the final agency decision (FAD), dated May
2, 2000. The agency asserted that it mailed the FAD to complainant's
address of record in May 2000.<1> Complainant maintains that she never
received a copy of the FAD. She, however, provides no explanation as
to her failure to seek the status of the complaint for nearly four years.
The Commission has consistently held that a complainant must act with
due diligence in the pursuit of her claim or the doctrine of laches
may apply. See O'Dell v. Department of Health and Human Services,
EEOC Request No. 05901130 (December 27, 1990). The doctrine of laches
is an equitable remedy under which an individual's failure to pursue
diligently her course of action could bar her claim. The record reflects
that complainant waited nearly four years between her April 8, 2000
letter to the agency requesting a FAD until she contacted the Commission
on February 20,2004, requesting assistance in obtaining the status
of her complaint. We find that complainant has not offered adequate
justification for an extension of the applicable time limit for filing
her appeal. Accordingly, complainant's February 20, 2004 appeal is
hereby dismissed. See 29 C.F.R. � 1614.403(c).
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
___06-24-04_______________
Date
1 We note that the agency failed to provide
a signed copy of the certified mail return receipt card.