01990282
02-24-2000
Laura Thomas, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Laura Thomas v. United States Postal Service
01990282
February 24, 2000
Laura Thomas, )
Complainant, )
)
v. )
) Appeal No. 01990282
William J. Henderson, ) Agency No. 96-65923-044
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DECISION
On October 6, 1998, complainant filed a timely complaint with this
Commission from a final agency decision (FAD), dated September 30, 1998,
dismissing her complaint on the grounds that it states the same claim
that has been decided by the agency.<1> The Commission accepts the
appeal in accordance with EEOC Order No. 960, as amended.
Complainant contacted the EEO office regarding allegations of
discrimination based on reprisal. Informal efforts to resolve
complainant's concerns were unsuccessful. Accordingly, on February 24,
1996, complainant filed a formal complaint.
The agency defined the allegations as follows:
Complainant's payroll records for pay periods ending 6/10/95, 6/24/95,
7/22/95, 8/5/95, and 8/19/95 were not corrected in an effort to force
her resignation; and,
To force her resignation, Mr. A returned to work, without complainant's
knowledge; telephoned complainant's shop supervisor; and came to
complainant's shop area in violation of restrictions placed on him.
In a FAD, dated April 19, 1996, the agency dismissed claim 2. The record
does not contain any evidence that indicates that complainant filed an
appeal from this FAD. Thereafter, on September 30, 1998, the agency
issued a FAD dismissing claim 1. The agency indicated that claim 1 was
previously decided by the agency in FAD dated January 21, 1997 (Case
No. DON 96-65923-056), which found no discrimination. Accordingly,
our review of the instant case is confined to the sole matter which
complainant raised on appeal: the dismissal of claim 1 in the September
30, 1998 FAD.
Volume 64 Fed. Regulation. 37,644, 37,656 (1999)(to be codified and
hereinafter cited as 29 C.F.R. �1614.107(a)(1)) provides that the agency
shall dismiss a complaint or a portion of a complaint that states the
same claim that is pending before or has been decided by the agency or
Commission. The Commission has interpreted this regulation to require
that the complaint must set forth the "identical matters" raised in
a previous complaint filed by the same complainant, in order for the
subsequent complaint to be rejected. See Russell v. Department of the
Army, EEOC Request No. 05910613 (August 1, 1991).
In the instant case, the agency dismissed claim 1 on the grounds that
the it has been addressed by the agency in Case No. DON 96-65923-056.
The record reveals that complainant's prior complaint includes the same
issue as described in claim 1. Therefore, the agency's decision to
dismiss claim 1 was proper and is AFFIRMED.
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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)
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:
February 24, 2000
____________________________
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:
__________________ _____________________________
Date Equal Employment Assistant
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. 37,644 (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.