U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Madlyn F,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency. Appeal No. 0120172267 Agency No. 1F-927-0120-16 DECISION Complainant filed a timely appeal with this Commission from the Agency's final decision dated May 8, 2017, 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 During the period at issue, Complainant worked as a Supervisor at the Agency's facility in Industry, California. On April 14, 2017, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (African-American), sex (female), color (black), and in reprisal for prior protected EEO activity. In its May 8, 2017 final decision, the Agency dismissed Complainant's complaint on the grounds that her formal complaint was untimely filed. The Agency reasoned that the Notice of Right to File a Formal Complaint (Notice) was delivered to Complainant's address of record on November 10, 2016. The Agency, however, found that Complainant filed her formal complaint on April 14, 2017, outside of the applicable time limit. The instant appeal followed. On appeal, Complainant asserts that the Agency did not send a copy of the Notice to her representative. Complainant asserts that she was advised by the Agency that her representative could not represent her due to a conflict of interest. However, Complainant states that her representative retired from Agency employment effective November 1, 2016, shortly before the Notice was issued.2 ANALYSIS AND FINDINGS We find that the Agency properly dismissed Complainant's complaint on the grounds her formal complaint was untimely filed. EEOC Regulation 29 C.F.R. § 1614.106(b) requires the filing of a written complaint with an appropriate agency official within fifteen (15) calendar days after receipt of the notice of the right to file a formal complaint. The record reflects that the Notice was received at Complainant's address of record on November 10, 2016. The Notice informed Complainant that she had 15 days from receipt of the Notice in which to file a formal complaint. However, Complainant did not file her formal complaint until April 14, 2017. While Complainant asserts that the Agency did not send her representative a copy of the Notice, we find that this is not a sufficient justification to extend the applicable time limit. Complainant's representative, is a not an attorney. Under Commission regulations, the computation of time frames is calculated from the date materials are received by a complainant's designated representative only when the complainant is represented by an attorney. 29 C.F.R. §1614.605(d). In all other cases, i.e., when a complainant proceeds pro se or is represented by a non-attorney, time frames are calculated from the date the materials are received by the complainant. Complainant is at all times responsible for proceeding with the complaint whether or not she has a designated representative. 29 C.F.R. § 1614.605(e). If Complainant believed that the Agency improperly denied her choice of a representative, she should have timely filed her formal complaint and then raised this matter to an EEOC Administrative Judge (once a hearing had been requested) or on appeal once a final action had bene issued. EEO Management Directive for 29 C.F.R. Part 1614 (EEO-MD-110) (rev. Aug 5, 2015) Ch. 5, IV (D). Accordingly, we AFFIRM the Agency's final decision dismissing Complainant's complaint. 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. 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 5, 2017 __________________ Date 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. 2 The Notice is dated November 9, 2016. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 2 0120172267 2 0120172267