Douglas C. Liberato, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 3, 1999
01990415 (E.E.O.C. Sep. 3, 1999)

01990415

09-03-1999

Douglas C. Liberato, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Douglas C. Liberato v. United States Postal Service

01990415

September 3, 1999

Douglas C. Liberato, )

Appellant, )

)

v. ) Appeal No. 01990415

) Agency No. 1F-904-0036-98

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

Agency. )

)

DECISION

Based on a review of the record, the Commission finds that the two

allegations raised in appellant's complaint were properly dismissed

pursuant to EEOC Regulation 29 C.F.R. �1614.107(a) for failure to state

a claim. We find that appellant has presented no persuasive arguments

or evidence on appeal regarding whether he has stated a claim, i.e.,

to show that he has a claim of employment discrimination against the

agency. In his complaint, appellant alleged that he was subjected to

discrimination based on his color (white), national origin (Italian),

sex (male), age (DOB 1-25-43), physical disability (heart), mental

disability (possible brain damage, paranoia), and in retaliation for

prior EEO activity when: (1) he was notified by the Social Security

Administration that his request for disability compensation was denied;

and (2) EEOC refused to comply with his Freedom of Information Act

requests of April 1, 1997, October 1, 1997, and December 10, 1997.

Regarding allegation (1), the Commission finds that appellant failed to

state a claim of employment discrimination against the named agency. The

matter at issue in allegation (1) concerns the administration of Social

Security disability compensation benefits, and does not relate to an

employment policy or practice. Regarding allegation (2), the Commission

has held that it does not have jurisdiction over the processing of Freedom

of Information Act (FOIA) requests. Instead, persons having a dispute

regarding such requests should bring any appeals about the processing

of his or her FOIA requests under the appropriate FOIA regulations.

Gaines v. Department of the Navy, EEOC Request No. 05970386 (June 12,

1997). Accordingly, the agency's final decision is hereby AFFIRMED.<1>

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

The Commission may, in its discretion, reconsider the decision in this

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and 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 filed on the date it is received

by the Commission.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and 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).

RIGHT TO FILE A CIVIL ACTION (S0993)

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

Sept. 3, 1999

__________________________________

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

1Because the Commission affirms the agency's decision to dismiss appellant's

complaint for the reason stated herein, the Commission finds it unnecessary

to address the agency's decision to dismiss the complaint on alternative

grounds.