Lonnie D. Hickson, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 26, 2003
01A31019_r (E.E.O.C. Mar. 26, 2003)

01A31019_r

03-26-2003

Lonnie D. Hickson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Lonnie D. Hickson v. United States Postal Service

01A31019

March 26, 2003

.

Lonnie D. Hickson,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A31019

Agency No. 4G-752-0312-02

DECISION

Upon review, the Commission finds that the agency properly dismissed

complainant's employment discrimination complaint for alleging the same

matter previously raised, pursuant to 29 C.F.R. � 1614.107(a)(1). In his

complaint, complainant alleged that he was subjected to discrimination

on the basis of sex (male) when in 1997, after being injured, complainant

was transferred to night duty, but two females stayed on day shifts.

Complainant claims that he was not aware the female coworkers were treated

more favorably until June 7, 2002. However, the record includes a copy

of Agency No. 4-G-752-0428-97, wherein complainant alleged discrimination

on the basis of sex. In a handwritten note to the agency's EEO Office,

stamped as received on June 12, 1997, complainant stated, �I recently hurt

my back and was placed on limited duty. As a result, my hours have been

changed[,] as has my assignment. They have female carriers who haven't

been changed so drastically.� This is identical to complainant's present

claim. Complainant's realization that other female coworkers were not

reassigned, in addition to those he noted in his 1997 complaint, does

not give rise to a separate claim. Accordingly, the agency's dismissal

is AFFIRMED.<1>

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

March 26, 2003

__________________

Date

1The agency also dismissed complainant's claim

on alternative grounds, for untimely counselor. Since the Commission

affirmed the agency's same claim dismissal, it will not address whether

complainant's counselor contact was timely.