01981438
11-18-1999
Jeffrey D. Gregory, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jeffrey D. Gregory v. United States Postal Service
01981438
November 18, 1999
Jeffrey D. Gregory, )
Complainant, )
)
v. ) Appeal No. 01981438
) Agency No. 4D280019897
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DECISION
On December 9, 1997, complainant filed a timely appeal with this
Commission from a final agency decision pertaining to his complaint
of unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e et seq.<1> In his
complaint, complainant alleged that he was subjected to discrimination
in reprisal for prior EEO activity when:
On June 20, 1997, the Senior EEO Processing Specialist allowed a biased
and leading letter from the EEO Counselor, dated March 24, 1997, to be
forwarded to the Philadelphia Processing Center;
the "EEO book" was not followed by the EEO counselor;
the EEO Counselor did not make informal inquiries; and
the EEO Counselor did not follow "ELM 675.1B and 675.31."
By letter dated October 27, 1997, the agency dismissed the complainant's
claims pursuant to EEOC Regulations. Specifically, the agency determined
that complainant failed to provide evidence that he suffered a personal
loss or harm with respect to the terms, conditions, or privileges of
his employment as a result of the alleged management actions.
On appeal, complainant contends that, in addition to his present claims
regarding the handling of his EEO complaint, the agency EEO Office did
not meet time limitations concerning another EEO complaint that he
filed in late June 1997.
Volume 64 Fed. Reg. 37644, 37656 (1999) (to be codified as 29
C.F.R. �1614.107(a)(8)) provides that the agency shall dismiss an
entire complaint that alleges dissatisfaction with the processing of
a previously filed complaint (spin-off complaint).<2> In the instant
case, all of the complainant's allegations concern what he considers
improper and biased handling of a previous EEO complaint. Therefore,
under the Commission's regulations, the agency is required to dismiss
complainant's claims of improper processing. When claims of improper
processing are raised, the complainant should be referred to the agency
official responsible for the quality of complaints processing, and the
agency should earnestly attempt to resolve any dissatisfaction with the
complaints process as early and expeditiously as possible. EEOC-MD 110
(5-25), as revised, November 9, 1999. Complainant is therefore advised
to contact an official in the agency's EEO office, if he believes that
any complaint has been improperly processed.
Accordingly, the agency's final decision is AFFIRMED for the reasons
set forth above.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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).
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. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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:
November 18, 1999
____________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_________________________ __________________________
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 64 Fed. Reg. 37644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.
2Although there was no specific provision in the regulations requiring
agencies to dismiss spin-off complaints prior to the revisions, there
was no provision in either the regulations or the management directive
permitting the filing of a separate complaint on this issue. See 64
Fed. Reg. 37644, 37645 (1999).