01a55377
12-16-2005
Vernon R. McDougald, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Vernon R. McDougald v. United States Postal Service
01A55377
December 16, 2005
.
Vernon R. McDougald,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A55377
Agency No. 1K-231-0063-03
Hearing No. 120-2004-00208X
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission from the agency's
final action dated March 23, 2005, concerning his complaint of
unlawful employment discrimination. In his complaint, complainant
alleged discrimination based on disability when on December 9, 2002,
the Reasonable Accommodation Committee denied him a reasonable
accommodation that he had been requesting since June 28, 2002.
EEOC Regulation 29 C.F.R. �1614.402 provides that appeals to the
Commission must be filed within 30 days after a complainant receives
notice of the agency's decision. On appeal, complainant admits that
he received the agency's final action on April 11, 2005. However,
the record indicates that complainant filed his appeal to the agency,
and not to the Commission, on June 8, 2005, which was later forwarded
by the agency to the Commission on August 12, 2005. The record reveals
that the agency's decision explicitly informed complainant of the time
limits on his right to appeal, including the Commission's address to
file his appeal. The appeal was filed beyond the 30-day time limit.
On appeal, complainant does not submit any adequate justification to
extend the time limit for filing the appeal. Accordingly, the appeal
is DISMISSED as untimely pursuant to �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
December 16, 2005
__________________
Date