If you did not initiate contact with an EEO counselor within the 45 days of the date of the incident, you are precluded from filing at a later date. However, if your complaint involves an FMLA violation between January 1, 1998 and December 31, 2002, and you meet the parameters of the Class Complaint, ie., a person with a " Serious Health Condition" or "Chronic Serious Health Condition" that can meet the definition of a "Disability" under the appropriate statutes, and you were employed by the Agency in the Western Area during that timeframe, (to include the Denver District and Colorado Springs), then you can request inclusion in the "Class" if your complaint is "like and related to" the complaints of the Class. (Note that the class may be expanded to the National Level if there other aggrieved personnel outside the geographical boundaries of the original class.)
In any case, if you missed the 45 day suspense for an earlier violation, you are not precluded from filing a complaint for a later violation, even though it may be subsumed under the class-action if it is "like and related to" similar FMLA violations of the class. If the complaint is not similar to those of the class, then it will not be subsumed. I would recommend that you file a complaint regardless of whether it can be subsumed, or not! If the class-action fails, then your personal complaint would be remanded to the agency for continued processing.
Please note that even if you are a class action participant you can still file a personal EEO regardless of whether it is related to the class action, or not. Being a member of a class action does not preclude you from filing a personal EEO complaint.
There is an Equal Employment Opportunity (EEO) Class-Action complaint against the United States Postal Service, specifically, "Class Action" EEO, EEOC Case No. 320-A1-8380X, Agency Case # CC 809-0001-01 (previously identified as Case # 4-E-800-0333-00). If you are interested in participating in this class action complaint, which has been certified by a Denver District EEOC Administrative Judge, and approved by the Office of Federal Operations on February 1, 2007, Equal Employment Opportunity Commission, check out the links below. You have nothing to lose if you do and everything to gain. Just what those gains will be is unknown at this time.
If you don't believe that your case is an EEO matter and you prefer to utilize FMLA channels, click here!
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