0120071362
05-23-2007
Wahid E. John, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.
Wahid E. John,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area)
Agency.
Appeal No. 0120071362
Agency No. 1G741000706
DISMISSAL OF APPEAL
By Notice of Appeal postmarked January 12, 2007, complainant filed
an appeal with this Commission from the September 29, 2006 final
agency decision (FAD). In its FAD, the agency found that it had not
discriminated against complainant as alleged. The record reveals that
complainant's attorney acknowledged receipt of the FAD on October 6,
2006.1 A review of the FAD reveals that the agency properly advised
complainant and his attorney that they had thirty (30) calendar
days after receipt of its final decision to file the appeal with the
Commission. In order to be considered timely, complainant's attorney
had to file the appeal no later than November 6, 2006. We find that
complainant's attorney has not offered an adequate justification for
extending the applicable time limit for filing the appeal. Accordingly,
complainant's January 12, 2007 appeal is hereby dismissed. See 29
C.F.R. � 1614.403(c).2
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
_____5/23/07______________
Date
1 EEOC Regulation 29 C.F.R. � 1614.605(d) provides that the "[t]ime frames
for receipt of materials shall be computed from the time of receipt by
the attorney."
2 Complainant's attorney, NL, stated that, because she only received the
investigative file in September 2006, she did not have an opportunity
to conduct "meaningful" discovery until October 2006. NL, only after
speaking to several witnesses, concluded that complainant "could
and should" prevail. According to NL, "I did not want to waste the
government's time on an appeal that I could not win." Finally, NL
indicated that her client was not sure whether he wanted to file an appeal
and "the holidays and snow time delayed progress of the case."
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0120071362
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120071362