EEOC Appeal 2020000361

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Evelina M.,1
Complainant,
v.
Louis DeJoy,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Appeal No. 2020000361
Agency No. 4E-570-0025-19
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or
Commission) from the Agency's decision dated August 5, 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. 	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.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a Rural Carrier
Associate, B-Rural-05, at the Agency’s Dilworth Post Office in Dilworth, Minnesota.
On April 2, 2019, Complainant contacted an EEO Counselor regarding her complaint. Unable to
resolve the matter informally, Complainant filed her EEO complaint, dated July 15, 2019,
alleging discrimination based on sex (pregnancy) when:
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.

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1. 	On September 12, 2018, she was informed that although her position would be
maintained, she would not be able to return to work until she could come back with no
restrictions; and
2. 	On February 2, 2019, she felt forced to resign from the Agency.
EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination be
brought to the attention of the EEO Counselor within 45 days of the alleged discriminatory
event, or the effective date of an alleged discriminatory personnel action.
Here, the alleged incidents occurred on or prior to February 2, 2019, but Complainant did not
contact an EEO Counselor until April 2, 2019, which was beyond the 45-day time limit set by
the regulations.
The record indicates that Complainant had constructive knowledge of the time limit at the time
of the alleged incidents. 	Specifically, the Agency submitted in the record an affidavit from the
Postmaster of the Dilworth Post Office confirming that EEO Poster 72, dated November 2018,
containing the time requirements for timely filing an EEO counseling request and the Website to
request EEO counseling was displayed in conspicuous places on the employee bulletin board
located in the break room, by the employee time clock, and in the lobby of the Dilworth Post
Office at the time of the alleged incidents. 	The Postmaster indicated that previous EEO Poster
72 versions had been posted since 2014. The Commission has held that constructive knowledge
will be imputed to an employee when an employer has fulfilled its obligation of informing
employees of their rights and obligations under Title VII. 	Thompson v. Department of the
Army, EEOC Request 05910474 (September 12, 1991).
Based on the foregoing, we find that Complainant failed to present adequate justification to
warrant an extension of the applicable time limit for contacting an EEO Counselor. 	Thus, we
find that the Agency properly dismissed Complainant’s complaint due to untimely EEO
Counselor contact. 29 C.F.R. § 1614.107(a)(2).
CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0620)
The Commission may, in its discretion, reconsider this appellate decision if the complainant or
the agency submits a written request that contains arguments or evidence that tend to establish
that:
1. 	The appellate decision involved a clearly erroneous interpretation of material fact or
law; or

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2. 	The appellate decision will have a substantial impact on the policies, practices, or
operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO)
within 	thirty 	(30) 	calendar days 	of 	receipt 	of 	this 	decision. 	If 	the party requesting
reconsideration elects to file a statement or brief in support of the request, that statement or
brief must be filed together with the request for reconsideration. A party shall have twenty
(20) calendar days from receipt of another party’s request for reconsideration within 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).
Complainant should submit his or her request for reconsideration, and any statement or brief in
support 	of 	his 	or 	her 	request, 	via 	the 	EEOC 	Public 	Portal, 	which 	can 	be 	found 	at
https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, complainant can submit his or her
request and arguments to the Director, Office of Federal Operations, Equal Employment
Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC
20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. 	In the
absence of a legible postmark, complainant’s request to reconsider shall be deemed timely filed
if OFO receives it by mail within five days of the expiration of the applicable filing period. See
29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the EEOC’s
Federal Sector EEO Portal (FedSEP). 	See 29 C.F.R. § 1614.403(g). 	Either party’s request
and/or statement or brief in opposition must also include proof of service on the other party,
unless complainant files his or her request via the EEOC Public Portal, in which case no proof of
service is required.
Failure to file within the 30-day time period will result in dismissal of the party’s request
for reconsideration as untimely, unless extenuating circumstances prevented the timely
filing of the request. 	Any supporting documentation must be submitted together with the
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.

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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
September 29, 2020
Date