01a32080
08-07-2003
Sobra R. Hatchett, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sobra R. Hatchett v. United States Postal Service
01A32080
August 7, 2003
.
Sobra R. Hatchett,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A32080
Agency No. 1H-381-0048-02
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact.
On July 26, 2002, complainant initiated contact with an EEO Counselor.
Informal efforts to resolve her concerns were unsuccessful.
In her complaint, filed on October 5, 2002, complainant alleged that she
was subjected to discrimination on the bases of race (African-American),
sex (female), and disability when on July 8, 2002, she became aware that
two employees were returned to their jobs with the U S Postal Service
and she was not returned after her removal on September 5, 2001.
The agency dismissed the complaint for untimely EEO Counselor
contact. The agency stated that complainant filed a grievance on her
removal and the arbitrator rendered a decision denying the grievance
on June 24, 2002. A copy of the grievance is not in the record.
The agency stated that complainant contacted an EEO Counselor on July
26, 2002, on her removal claiming that she became aware that on July 8,
2002, that two employees were returned to their jobs with the agency.
The agency also stated that to the extent that complainant is alleging
a personal loss or harm as a result of the grievance determination,
complainant is attempting to lodge a collateral attack on the grievance
process and that the matter raised in her formal complaint fails to
state a claim.
On appeal, complainant acknowledges that she had filed the grievance
as identified by the agency in its final decision. Complainant states,
however, that she nevertheless did not develop a reasonable suspicion
of unlawful employment discrimination until learning on July 8, 2002,
that similarly situated employees had been treated differently.
The record discloses that the alleged discriminatory event occurred
on September 5, 2001, when complainant was terminated from the agency
but complainant did not initiate contact with an EEO Counselor until
July 26, 2002, which is beyond the forty-five (45) day limitation
period. Upon her termination from agency employment, complainant
pursued the grievance process prior to initiating the EEO complaint
process. On appeal, complainant has presented no persuasive arguments
or evidence warranting an extension of the time limit for initiating EEO
Counselor contact. Accordingly, the agency's final decision dismissing
complainant's complaint is AFFIRMED.
Because we affirm the agency's dismissal for the reason stated herein,
we find it unnecessary to address alternative dismissal grounds.
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
August 7, 2003
__________________
Date