01A10149_r
01-10-2002
Lawrence Battle v. Department of Transportation
01A10149
January 10, 2002
.
Lawrence Battle,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A10149
Agency No. 2-00-2124
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for stating
the same claim that was raised in a prior complaint. In the instant
complaint, dated June 14, 2000, complainant alleged that he was subjected
to discrimination on the bases of race, disability, age, and in reprisal
for prior protected activity when:
On April 2, 2000, complainant became aware of slanderous and libelous
documents from management regarding his being barred from agency
buildings.
In a final agency decision dated August 11, 2000, the agency dismissed
the complaint stating that complainant raised the same claim in a prior
complaint filed with the agency under Agency Case Number 2-00-2102.
The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides that
the agency shall dismiss a complaint that states the same claim that is
pending before or has been decided by the agency or Commission.
The record reveals that by letter to complainant, dated June 14, 2000,
the agency notified complainant of the acceptance of the following claim
as part of complainant's prior complaint (2-00-2102), filed with the
agency March 27, 2000:
[Was complainant] discriminated against based on [his] race (African
American), age (51), handicap (Generalized Anxiety Disorder), and reprisal
(prior EEO activity), when [he] was harassed and subjected to a hostile
working environment when:
[complainant] became aware by letter dated February 14, 2000, that [he]
was barred from entering all DOT Headquarters buildings and facilities
effective December 30, 1999?
The Commission determines that the matter raised in the instant complaint
is an elaboration of the matter raised by complainant in Agency Case
No. 2-00-2102, regarding an agency determination to bar complainant from
its facilities. Consequently, we find that the agency properly dismissed
the instant complaint for stating the same claim as complainant's previous
complaint, and we AFFIRM the agency's dismissal.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
January 10, 2002
__________________
Date