01976387
10-08-1999
Joe L. Ruiz, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Joe L. Ruiz v. United States Postal Service
01976387
October 8, 1999
Joe L. Ruiz, )
Appellant, )
) Appeal No. 01976387
v. ) Agency No. 4-G-770-0309-97
)
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
________________________________)
DECISION
Appellant filed an appeal with this Commission from a final decision of
the agency concerning his complaint of unlawful employment discrimination
in violation of �501 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. �791 et seq. The final agency decision was dated November 3, 1997.
The appeal was postmarked November 19, 1997.<1> The Commission hereby
accepts the appeal in accordance with EEOC Order No. 960, as amended.
The issue on appeal is whether the agency properly dismissed appellant's
complaint on the grounds that the matter at issue is now moot.
Appellant filed a formal EEO complaint dated March 5, 1997, alleging that
he was discriminated against on the basis of his disability (tendinitis)
when he was placed off of the clock on January 29, 1997, and denied
reasonable accommodation. As relief, appellant stated, among other
things, that he was seeking compensatory damages.
The agency initially accepted appellant's complaint for processing,
and conducted an investigation of the matter. At the conclusion of
the investigation, the agency notified appellant of his right to an
administrative hearing. After it received no response from appellant,
the agency, on November 3, 1997, issued a final decision, dismissing
appellant's complaint for failure to state a claim. The agency stated
that appellant was denied a light duty assignment as a result of
additional weight limitations being added to his medical restrictions.
The agency noted that appellant was ultimately compensated for 342 hours
for the period from January 29 through April 8, 1997, after appellant's
workers' compensation claim was approved by the Department of Labor.
The agency stated that appellant did not furnish any evidence to support
his claim for compensatory damages. Thus, the agency concluded that
appellant received all of the relief to which he was entitled.
On appeal, appellant asserted that his condition worsened due to the
agency's failure to reasonably accommodate him, and that he was entitled
to compensatory damages.
The Commission notes that while the agency stated that it was dismissing
appellant's complaint for failure to state a claim, the rationale provided
by the agency more appropriately addresses whether the allegation has
been rendered moot. EEOC Regulation 29 C.F.R. �1614.107(e) allows for
the dismissal of a complaint or allegations therein when the issues
raised are moot. To determine whether the issues raised in appellant's
complaint are in fact moot, it must be ascertained 1. if it can be
said with assurance that there is no reasonable expectation that the
alleged violation will recur, and 2. if the interim relief or events
have completely and irrevocably eradicated the effects of the alleged
violation. See County of Los Angeles v. Davis, 440 U.S. 625 (1979).
When such circumstances exist, no relief is available and no need for
a determination of the rights of the parties is presented.
While the agency asserted that appellant was compensated for 342 hours,
appellant's status after April 8, 1997, is unclear. It appears from
the record that appellant's restrictions were permanent, and there is no
evidence that appellant was accommodated after the period specified in the
final agency decision. Further, while the agency stated that appellant
failed to provide evidence to support his claim for compensatory damages,
appellant indicated that he did provide such information. Therefore,
we find that appellant may still be aggrieved as a result of the matter
in question. Accordingly, the agency's dismissal of appellant's complaint
is REVERSED, and the complaint is hereby REMANDED to the agency for
further processing.
ORDER
The agency is ORDERED to resume processing of the remanded allegation from
the point processing ceased. Given the apparent confusion regarding the
original notice of the right to an administrative hearing, the agency
shall, within fifteen (15) calendar days of the date this decision
becomes final, advise appellant in writing of his right to request
either an administrative hearing before an EEOC Administrative Judge
or a final agency decision. If the appellant requests a final decision
without a hearing, the agency shall issue a final decision within sixty
(60) days of receipt of appellant's request. A copy of the agency's
letter notifying appellant of his right to a hearing must be sent to
the Compliance Officer as referenced below.
IMPLEMENTATION OF THAT THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
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. �l6l4.604(c).
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. 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:
Oct. 8, 1999
DATE Carlton M. Hadden
Acting Director
Office of Federal Operations
1Appellant initially filed a premature appeal on August 15, 1997. It
appears that the appeal was filed after appellant received the
investigative file and notice of his right to an administrative hearing,
which the agency entitled "Appeal Rights." Given that the appeal was
pending with the Commission at the time the final agency decision was
issued, and appellant's timely filing of the November 19, 1997 appeal
form, the Commission will exercise its discretion and consider the
underlying final agency decision.