Catanya L. Claiborne v. United States Postal Service 01981318 March 16, 2000 Catanya L. Claiborne, ) Complainant, ) ) v. ) Appeal No. 01981318 ) Agency No. 1D-281-0067-97 William J. Henderson, ) Postmaster General, ) United States Postal Service, ) Agency. ) ______________________________) DECISION Upon review, we find that the agency properly dismissed complainant's complaint due to untimely EEO Counselor contact.<1> See 29 C.F.R. § 1614.105(a)(1). In her complaint, complainant alleged that she was discriminated against when on July 1, 1997, while reviewing her Official Personnel Folder (OPF), she became aware that her insurance was canceled in or around March 1996. As relief, complainant requested reimbursement of 2 medical bills ($929.98 and $558.00) that she incurred during the relevant time period. The agency stated in its final decision that complainant received a career appointment effective December 23, 1995; but she resigned effective December 24, 1995, due to her pregnancy; and she was reinstated effective March 16, 1996, after she had her baby in February 1996. The agency also stated that by letter dated September 19, 1996, from the Human Resources Office, complainant was notified that effective June 4, 1996, she elected health coverage for "Self Only" and would have to wait until open season to change the coverage. The agency determined that complainant should have been aware about her insurance coverage at the latest when she received the September 19, 1996 letter. Complainant contends that she did not resign effective December 24, 1995, rather she did not come to work because the agency told her to wait until after she had her baby to start working. Complainant also contends that it was not until she saw her OPF on July 1, 1997, that she learned that she resigned effective December 24, 1995, her insurance was canceled thereafter, and her name was moved back 6 places on the seniority list. We note, however, that the September 19, 1996 letter to complainant indicates that she resigned and was reinstated effective March 16, 1996. According to the letter, complainant elected health coverage effective June 4, 1996, but did not choose to have family coverage which would have covered her baby, until four months after the birth. Thus, we find that complainant knew at the relevant time that her health coverage was canceled due to the resignation and that she was not covered by her health insurance until June 4, 1996. We note that the only new information discovered by complainant when she saw her OPF was that her name was moved back on the seniority list. Based on the foregoing, we find that complainant had or should have had a reasonable suspicion of discrimination concerning the subject insurance coverage when she received the September 19, 1996 letter. Thus, we find that complainant's EEO contact on July 16, 1997, which regard to her complaint was beyond the 45-day time limit set by the regulations. Accordingly, the agency's final decision is hereby AFFIRMED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0300) 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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter referred to as 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 (S1199) 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: March 16, 2000 DATE Carlton M. Hadden, Acting Director Office of Federal Operations CERTIFICATE OF MAILING For timeliness purposes, the Commission will presume that this decision was received within five (5) calendar days of mailing. I certify that the decision was mailed to complainant, complainant's representative (if applicable), and the agency on: _______________ __________________________ Date Equal Employment Assistant 1On November 9, 1999, revised regulations governing the EEOC's federal sector complaint process went into effect. These regulations apply to all federal sector EEO complaints pending at any stage in the administrative process. Consequently, the Commission will apply the revised regulations found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the present appeal. The regulations, as amended, may also be found at the Commission's website at WWW.EEOC.GOV.