2020001876•EEOC Appeal 2020001876
Full text
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Janet B, 1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency. Appeal No. 2020001876 Agency No. 4C-170-0113-19 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision (Dismissal) dated November 18, 2019, dismissing her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a City Carrier Assistant, Q-01, at the Agency’s Post Office facility in Wellsboro, Pennsylvania. On October 23, 2019, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of sex (female) when: 1. On November 14, 2018, the postmaster tried to discourage Complainant from filing an Office of Worker's Compensation (OWCP) complaint and gave her the incorrect paperwork which resulted in Complainant not being reimbursed by OWCP for seven months; 2. On unspecified dates Complainant was harassed by a co-worker and management did nothing; 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.
2020001876 2 3. On July 17, 2019, and August 29, 2019, the Postmaster made inappropriate comments to Complainant concerning her body; 4. On July 28, 2019, Complainant was injured while in a Postal vehicle, but the Postmaster listed Complainant as "not injured" on her OWCP report; 5. On October 19, 2019, and other dates not specified, the Postmaster invaded Complainant’s personal space, stared at her, and tried to touch her; and 6. On dates not specified, Complainant did not receive proper training for the duties she performs. The Agency dismissed the claims for untimely filing of the Formal Complaint. The Agency further found that claims 1 and 4 constituted collateral attacks on the workers’ compensation adjudicatory system and hence failed to state a claim. The instant appeal followed. ANALYSIS AND FINDINGS Pursuant to 29 C.F.R. § 1614.107(a)(2) the Agency shall dismiss a complaint that fails to comply with the applicable time limits contained in § 106. That section states that a complaint must be filed within 15 days of receipt of the notice of right to file (Notice). In its Dismissal, the Agency found that Complainant received the Notice on October 7, 2019, but did not submit her Formal Complaint until one day after the 15-day filing period. The Agency found: A close review of the file reveals that you were sent a final interview letter dated October 2, 2019, which was sent via Signature Confirmation Number 2308 2940 0000 2179 8883. A review of the USPS Track and Confirm Record indicates Signature Confirmation No. 2308 2940 0000 2179 8883 was delivered to your address of record on October 7, 2019. Your receipt of the package triggered the 15- day filing period. . . . Therefore, the timeframe for you to file the formal complaint would have been from the first calendar day counted (October 8, 2019) through the last calendar day counted or fifteenth calendar day, October 22, 2019, which was a Tuesday and not a federal holiday or weekend day. Evidence of record supports the Agency’s contention that the notice of right to file a formal complaint was delivered to and signed for by Complainant at her address of record. The record further shows that Complainant returned the Formal Complaint on October 23, 2019, which is beyond the regulatory time-frame. On appeal, Complainant argues that she requested an extension from the Agency prior to the expiration of the 15-day period but received no response.
2020001876 3 Complainant further argues that she was unable to file her formal complaint on time because the Agency scheduled her to work six-days a week for a total of 97.6 hours, that she has no internet or printer or copier at home or any of the “tools necessary to file an organized, cogent complaint,” and that when she received the Notice she did not realize what the certified mail package contained. However, we conclude that Complainant has not offered adequate justification to warrant an extension of the time limit for filing the complaint. We therefore AFFIRM the Dismissal. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0617) 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. A party shall have twenty (20) calendar days of receipt of another party’s timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). 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).
2020001876 4 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations August 27, 2020 Date
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.