01991979
12-19-2000
Cynthia H. Lawson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Cynthia H. Lawson v. United States Postal Service
01991979
December 19, 2000
.
Cynthia H. Lawson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01991979
Agency No. 4-H-350-0252-98
DECISION
Upon review, the Commission finds that the complaint was properly defined
by the agency.<1>
In her formal complaint, complainant claimed that she had been
discriminated against on the bases of race, and sex, when on April 28,
1998, she was issued a notice of removal that was subsequently reduced
to a 14-day suspension. By letter dated December 2, 1998, the agency
accepted the complaint for investigation. Specifically, the agency
determined that the matter accepted for investigation was whether
complainant was discriminated against on the bases of race and sex
[when she was] �. . . issued a notice of removal� on April 28, 1998.
Complainant was advised that if she disagreed with the manner in which
the complaint was identified, she was to contact the agency within seven
days of her receipt of the December 2, 1998 letter.
By letter to the agency, complainant stated that when she sought EEO
counseling she claimed that she had been removed from her position on
May 29, 1998. On January 13, 1999, the agency issued a determination
finding that the scope of the investigation would remain as stated in
the December 2, 1998 letter, discussed above. However, a review of the
January 13, 1999 determination shows that the agency added the following
to the acceptance letter: �[complainant] . . .was issued a notice of
removal dated April 20, 1998, with an effective date of May 29, 1998".
The agency provided appeal rights to the Commission in its decision
of January 13, 1999. It is the agency's identification of the matter
accepted for investigation that is the subject of the instant appeal.
On appeal, complainant contends that she filed her complaint because she
was in fact removed from her position, and not merely issued a notice
of removal.
A review of the record persuades the Commission that the agency's
definition of the scope of the investigation was proper. Accordingly,
the agency's decision is AFFIRMED. The scope of the investigation remains
as stated in the December 2, 1998 acceptance letter and the January 13,
1999 final decision that is the subject of this appeal.
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
December 19, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
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.