David Jones, Complainant,v.Elaine Chao, Secretary, Department of Labor, Agency.

Equal Employment Opportunity CommissionFeb 8, 2002
01a02405 (E.E.O.C. Feb. 8, 2002)

01a02405

02-08-2002

David Jones, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.


David Jones v. Department of Labor

01A02405

February 8, 2002

.

David Jones,

Complainant,

v.

Elaine Chao,

Secretary,

Department of Labor,

Agency.

Appeal No. 01A02405

Agency No. CRC 100-CA-007

DISMISSAL

By letter dated January 27, 2000, David Jones (complainant), an employee

of the United States Postal Service (USPS), through his counsel,

sought to file an appeal with this Commission from a January 21, 2000,

letter of the Department of Labor (DOL), dismissing a complaint for

lack of jurisdiction. Complainant had addressed DOL claiming that the

Office of Workers Compensation Programs (OWCP) improperly divulged

medical information to his employer, USPS. DOL advised complainant

that it lacked jurisdiction with regard to OWCP's handling of claims,

including its alleged claim of improper sharing of medical information.

In addition, DOL explained that its jurisdiction under the Rehabilitation

Act over DOL programs, as set forth in its implementing regulations,

29 C.F.R. Part 33, was limited to claims of differential treatment

based on disability where the complaining party has met the threshold

requirement to demonstrate that s/he is a "qualified disabled person"

within the meaning of the Act and that complainant's claim did not meet

that criterion.

Apparently believing that the Commission has jurisdiction over DOL's

action, he filed the instant matter. The Commission's regulations at

29 C.F.R. Part 1614 implement its federal sector complaint processing.

Appeals may be filed with the Commission from an agency's final action

on a complaint made by an employee or applicant for employment pursuant

to these regulations. See 29 C.F.R. � 1614.401(a). With regard to this

matter, complainant has no employment relationship with DOL. For these

reasons, it is DISMISSED.

CONCLUSION

Accordingly, the appeal is dismissed.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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

February 8, 2002

__________________

Date