01996311
10-31-2000
Brenda F. Lethermon, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Brenda F. Lethermon v. United States Postal Service
01996311
October 31, 2000
.
Brenda F. Lethermon,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01996311
Agency No. 1-G-708-0024-99
DECISION
Upon review, the Commission finds that the complaint was properly
dismissed pursuant to 29 C.F.R. � 1614.107(a)(5).<1> In a complaint
dated April 7, 1999, complainant claimed that she was discriminated
against on the bases of race, sex, reprisal, physical disability,
and mental disability when on October 2, 1998, she was not provided
any information concerning the leave buy back program. As remedy,
complainant requested the leave buy back information and any check to
which she was entitled. The agency dismissed the complaint on the grounds
of mootness after finding that complainant's leave buy back request was
processed and a check had been issued for her reimbursement. On appeal,
no new contentions have been raised.
EEOC Regulations provide in relevant part that an agency shall dismiss a
complaint that is moot. The United States Supreme Court has held that a
discrimination complaint is moot when: (1) it can be said with assurance
that there is no reasonable expectation that the alleged violation will
recur; and (2) interim relief or events have completely and irrevocably
eradicated the effects of the alleged violation. County of Los Angeles
v. Davis, 440 U.S. 625, 631 (1979). Under such circumstances, no relief
is available and thus there is no need for a determination of the rights
of the parties. Id. The Commission determines that the complaint
was properly dismissed on the grounds of mootness because interim relief
(the information and check provided to complainant)
eradicated the effects of the alleged violation. On appeal, complainant
does not dispute the agency's finding that leave buy back information
and a check were provided to her.
Based on the foregoing, the Commission finds that the complaint was
properly dismissed under 29 C.F.R. Part 1614. Accordingly, the agency's
final decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 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 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 (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
October 31, 2000
__________________
Date
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 29 C.F.R. Part
1614 in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at www.eeoc.gov.