0120142544
11-18-2016
Jackie P.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Jackie P.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Appeal No. 0120142544
Hearing No. 430-2013-00273X
Agency No. 4K290007112
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission concerning his complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
At the time of events giving rise to this complaint, Complainant worked as a City Carrier at the Agency's Greenville-Calvin St. Annex facility in Greenville, South Carolina.
On December 14, 2012, Complainant filed a formal EEO complaint alleging that the Agency subjected him to discrimination on the bases of race (African-American), color (Black), sex (male), disability, age, and reprisal when: (1) on June 7, 2012, his manager singled him out for talking and came into his personal space; (2) on June 13, 2012, his manage left the elevator door open on the bottom floor on purpose; (3) on July 27, 2012, he was forced to exceed his medical restrictions; (4) on February 16, 2013, his request for FMLA leave was disapproved; (5) on February 11, 2013, he was issued a Letter of Warning for failure to follow instructions/failure to properly perform the duties of his position; and (6) on March 13, 2013, he was issued a notice of a seven-day (no time off) suspension.
The complaint was investigated and Complainant requested a hearing before an Equal Employment Opportunity Commission Administrative Judge (AJ). On January 17, 2014, Complainant's attorney submitted the following request by email to the AJ:
I have discussed this case with my client [Complainant], and he has voluntarily agreed to withdraw his complaint/petition IN THE MATTER OF [Complainant] v. THE HONORABLE PATRICK R. DONAHUE, POSTMASTER GENERAL UNITED STATES POSTAL SERVICE, EEOC Case No. 430-2013-00273X.
(Capital letters in original).
On January 22, 2014, the AJ issued an Order dismissing the complaint in its entirety, granting Complainant's January 17, 2014 request. No final Agency decision was issued.
Complainant filed the instant appeal, asserting that he had not given his attorney permission to withdraw his case. Complaint requested that his complaint be reinstated.
After careful consideration of the record and Complainant's argument submitted on appeal, we find that the AJ properly dismissed the complaint given the communication from Complainant's official legal representative. Complainant's recourse lies against his attorney for any asserted failure to follow his instructions, not the Commission.
Complainant's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
November 18, 2016
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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