01a04378
10-06-2000
Janice F. Norwood, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Janice F. Norwood v. United States Postal Service
01A04378
October 6, 2000
.
Janice F. Norwood,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A04378
Agency No. 1-I-641-0039-99
DECISION
Complainant filed a timely appeal with this Commission from an agency
decision dated May 20, 1999, dismissing her complaint of unlawful
employment discrimination in violation of the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.<1> In her complaint, complainant
alleged that she was subjected to discrimination on the bases of age
(D.O.B. 11/4/57), physical disability (bilateral carpal tunnel),and in
retaliation for prior EEO activity when:
On April 6, 1999, only one week of schedule change was approved.
The agency dismissed complainant's complaint pursuant to the regulation
set forth at 29 C.F.R. � 1614.107(a)(1), for stating the same claim
that is pending before or has been decided by the agency. Specifically,
the agency stated that complainant filed five previous EEO complaints,
Agency Case Nos. 1-I-641-0033-97, 1-I-641-0016-98, 1-I-641-0029-98,
1-I-640-0163 -98, and 1-I-641-0021-99, regarding schedule changes.
Thus, the agency argued that complainant's present complaint involved
the same matter as her previously filed complaints.
On appeal complainant admits that she has filed the same claim several
times, but states that she has done this because her �rights were still
being violated and nothing was done about it.�
The record contains copies of the informal complaints filed in Agency Case
Nos. 1-I-641-0033-97, 1-I-641-0016-98, 1-I-641-0029-98, 1-I-640-0163 -98,
and 1-I-641-0021-99. In four of the five complaints, Agency Case Nos.
1-I-641-0033-97, 1-I-641-0029-98, 1-I-640-0163 -98, and 1-I-641-0021-99,
complainant challenged management's refusal to adjust her scheduling
time from 4:00 P.M. to 2:00 P.M. We find that in the present complaint,
complainant is again challenging the agency's refusal to adjust her
scheduling time. On the formal complainant form, complainant states
that she is challenging management's refusal to allow her schedule
changes from October 1996 to the present. We find that complainant
has previously raised the same issue in previous EEO complaints and is
precluded from raising the same claim in the present complaint.
Accordingly, the agency's decision to dismiss complainant's complaint
was proper and is AFFIRMED.
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
October 6, 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.