Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WOJIK v. POSTMASTER GEN.

January 19, 1993

EDWARD J. WOJIK, Plaintiff,
v.
POSTMASTER GENERAL, Defendant.



The opinion of the court was delivered by: VINCENT L. BRODERICK

 VINCENT L. BRODERICK, U.S.D.J.

 I

 This case involves a claim of employment discrimination by the Postal Service in violation of Vietnam Era and handicapped protection legislation, 29 U.S.C. 791 and 38 U.S.C. 4214. On October 21, 1992, the defendant moved to dismiss on the ground that plaintiff had failed to pursue required administrative remedies within 30 days as required by 29 CFR § 16.13.214(a)(1)(i), made applicable by 29 CFR § 1613.708 and 29 U.S.C. §§ 791, 794a(a)(1). For the reasons set forth below, I grant the motion.

 II

 The alleged violation occurred on August 9, 1990; the Equal Employment Opportunity Commission was contacted some sixteen months later on December 12, 1991. As of April 6, 1992 plaintiff had obtained other employment.

 Similarly, where governmental behavior may have caused delay or led a private party to postpone action later claimed to be untimely, relief may be considered under the circumstances defined in Irwin v. Veterans Administration, 498 U.S. 89, 111 S. Ct. 453, 112 L. Ed. 2d 435 (1991); see generally Rys v. United States Postal Service, 886 F.2d 443, 445 (1st Cir. 1989).

 Likewise, where a party does all it can to comply with a time limit, its efforts may be deemed sufficient as indicated by Houston v. Lack, 487 U.S. 266, 101 L. Ed. 2d 245, 108 S. Ct. 2379 (1988); Ortiz v. Cornetta, 867 F.2d 146 (2d Cir. 1989).

 At the same time, time limits such as that invoked here reflect the reality that one with a meritorious complaint concerning violation of a well-known right will ordinarily act promptly, and that failure to do so risks loss of fresh recollection and other information about the events in question, especially in a rapidly-moving employment situation.

 Plaintiff has provided no explanation for a delay approximately sixteen (16) times the length of the applicable time limit. Nor has there been any attempt to show that information about the applicable deadline, albeit contained in a sub-subsection of the multivolume Code of Federal Regulations, was not widely known and readily available by consulting any equal opportunity counsellor or any one of numerous advocacy agencies.

 In my order of September 25, 1992, I allowed plaintiff 30 days to respond to defendant's motion to dismiss, filed in October 1992, but as of this date he has made no response at all.

 The clerk is directed to close ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.