EEOC Appeal 2020000841

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Narcisa D., 1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Appeal No. 2020000841
Agency No. 1F-901-0128-19
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency's decision dated September 13, 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 Clerk, P-06, at the
Agency’s Los Angeles Processing and Distribution Center facility in Los Angeles, California.
On August 13, 2019, Complainant filed a formal complaint alleging that the Agency subjected her
to discrimination on the basis of race (African-American) when: (1) on or around 2014,
Complainant was laid off from the call center; and (2) on April 3, 2019, management posted the
seniority ranking and her seniority date had not changed to May 6, 2013.
The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely EEO
counselor contact. 	Alternatively, it also dismissed the complaint pursuant to 29 C.F.R.
§ 1614.107(a)(1), for stating the same claim that is pending before or has been decided by the
Agency or Commission. The instant appeal followed.
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.

2020000841	2
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination should
be brought to the attention of the Equal Employment Opportunity Counselor within forty-five (45)
days of the date of the matter alleged to be discriminatory or, in the case of a personnel action,
within forty-five (45) days of the effective date of the action. 	The Commission has adopted a
“reasonable suspicion” standard (as opposed to a “supportive facts” standard) to determine when
the forty-five (45) day limitation period is triggered. See Howard v. Department of the Navy,
EEOC Request No. 05970852 (February 11, 1999). Thus, the time limitation is not triggered until
a complainant reasonably suspects discrimination, but before all the facts that support a charge of
discrimination have become apparent.
Regarding claim (1), the record shows that, in 2014, the Agency decided that PSEs who were
working in the Customer Care Call Center, including Complainant, would no longer hold those
positions and would be offered an opportunity to move to the Los Angeles bid cluster. On March
5, 2014, Complainant signed a document indicating she did not want to move to the Los Angeles
bid cluster. Consequently, she was terminated shortly thereafter, upon the expiration of her
appointment. The record shows that Complainant contacted an EEO counselor regarding the
instant complaint on May 7, 2019, approximately 5 years after her termination in 2014 which is
well beyond the 45-day time limitation. Therefore, we find dismissal of this claim was proper, due
to untimeliness of EEO counselor contact.
Regarding claim (2), Complainant lost her seniority date of May 6, 2013, because of her
termination in 2014. On April 3, 2019, management posted the seniority ranking and PSEs in
Complainant’s group who had retained their seniority upon moving to a PSE assignment at the
Los Angeles bid installation were converted to career positions. Complainant, having lost her
seniority date, was not converted. We find that Complainant had, or should have had, a reasonable
suspicion of the alleged unlawful employment discrimination in 2014 when she was terminated,
and the loss of seniority was a consequence or effect of the 2014 termination. In determining when
the limitation period is triggered, the focus is on the time of the alleged discriminatory act, not the
time when the consequences of the act become most painful. Delaware State College v. Ricks, 449
U.S. 250, 258 (1980). Complainant's initial EEO Counselor contact on May 7, 2019, was
approximately 5 years after her termination, and she has failed to present sufficient justification
for extending the limitation period beyond 45 days. Therefore, we find dismissal of this claim for
untimeliness was proper as well.
Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.

2020000841	3
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).
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.

2020000841	4
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