0120091916
06-14-2010
Louise Price, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (New York Metro Area), Agency.
Louise Price,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(New York Metro Area),
Agency.
Appeal No. 0120091916
Hearing No. 520-2008-00482X
Agency No. 4A-100-0044-08
DECISION
Complainant filed an appeal with this Commission on March 24, 2009 concerning her formal complaint of unlawful employment discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.1 In her complaint, Complainant alleged that she was subjected to discrimination on the basis of disability when she was forced to work outside of her medical restrictions and her limited duty job was taken away from her. She also alleges that these actions created a hostile work environment.
Complainant filed a formal EEO complaint on April 15, 2008, and after she ultimately requested a hearing before an EEOC Administrative Judge (AJ), it was consolidated with Agency Complaint No. 4A-100-0173-07/Hearing No. 520-2008-00226X. On October 14, 2008, Complainant informed the AJ, via facsimile, that she was withdrawing the instant complaint. Complainant did not provide any explanation for her decision to withdraw the instant formal complaint while it was pending a hearing.
On January 29, 2009, the AJ issued a Dismissal Order. She stated that both complaints were dismissed because of complainant's failure to cooperate in their processing. In a footnote, she also dismissed the instant complaint based on complainant's October 14, 2008 notice of withdrawal. The AJ instructed the agency to issue a final order pursuant to 29 C.F.R. � 1614.110(a) for Agency Complaint No. 4A-100-0173-07/Hearing No. 520-2008-00226X but specifically stated that no final action was required for the instant complaint because it had been withdrawn.
On Complainant's appeal form, she admits that she withdrew the instant complaint. She provides no statement explaining or supporting her appeal, nor is there any other persuasive evidence in the record tending to support a request to re-instate the complaint. Accordingly, we find the complaint was withdrawn by complainant on October 14, 2008 while it was pending before an AJ in the Commission's New York District Office, and we DENY this appeal.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960, Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
June 14, 2010
__________________
Date
1 A decision in a related appeal, EEOC Appeal 0120091917, is being issued concurrently.
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0120091916
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120091916