05980379
05-26-2000
Ching-Tsung Chu, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Ching-Tsung Chu v. United States Postal Service
05980379
May 26, 2000
Ching-Tsung Chu, )
Complainant, )
)
v. ) Request No. 05980379
) Appeal No. 01961454
William J. Henderson, ) Agency No. 4-F-926-1151-94
Postmaster General, ) Hearing No. 340-95-3458X
United States Postal Service, )
Agency. )
______________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On February 19, 1998, Ching-Tsung Chu (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Ching-Tsung Chu v. USPS, EEOC Appeal No. 01961454 (January
28, 1998).<1> In 64 Fed. Reg. 37644, 37659 (1999) (to be codified
and hereinafter referred to as 29 C.F.R. �1614.405), EEOC regulations
provide that the Commissioners may, in their discretion, reconsider any
previous decision. 29 C.F.R. �1614.405(b).
The record indicates complainant filed an EEO complaint alleging
discrimination based on race (Asian-Chinese) and reprisal when he
received a letter of warning, he was placed on non-pay off duty status,
and he was given a notice of removal. The agency investigated the matter
and complainant requested a hearing. The Administrative Judge issued a
decision without a hearing finding no discrimination, which the agency
adopted. The complainant appealed the agency's decision, and the previous
decision affirmed..
By letter dated October 25, 1999, the agency informed the Commission
that complainant had filed a civil action in the U.S. District Court,
Central District of California, Docket No. SA-CV-99-1084 GLT (ANX) on
August 31, 1999. A review of the documents indicates that the civil action
encompasses the claims included in the instant complaint and complainant
indicates that it is a complaint for "wrongful termination, retaliation
and discrimination." In accordance with 29 C.F.R. �1614.409 the filing
of the civil action terminates the Commission's processing of this matter.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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:
May 26, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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.