Martin M. Marco, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 15, 2000
01994869 (E.E.O.C. Dec. 15, 2000)

01994869

12-15-2000

Martin M. Marco, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Martin M. Marco v. United States Postal Service

01994869

December 15, 2000

.

Martin M. Marco,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01994869

Agency No. 4-A-110-0059-99

DECISION

Complainant filed a timely appeal with this Commission from the agency's

April 13, 1999 decision to dismiss his complaint of unlawful employment

discrimination in violation of Title VII of the Civil Rights Act of 1964

(Title VII), as amended, 42 U.S.C. � 2000e et seq. In his complaint,

complainant alleged that he was subjected to discrimination on the basis

of religion (Jewish) when on November 13, 1998, management informed

complainant that they could no longer accommodate complainant's religious

beliefs by allowing complainant to leave work early during the fall and

winter months.

The agency dismissed the complaint for stating the same claim raised

in Agency No. 4-A-110-0056-99. On appeal, complainant argues that

the claims are similar in several respects, but are not identical.

Specifically, complainant contends that although both complaints involve

religious discrimination from a failure to accommodate, the present case

is �stronger� that its predecessor.

The agency may dismiss claims stating the same matter raised in prior

complaint pending before or decided by the agency or Commission.

See 29 C.F.R. � 1614.107(a)(1). The record contains a copy of the

prior complaint, Agency No. 4-A-110-0056-99. In this complaint,

complainant alleges discrimination from a November 13, 1998 letter

informing complainant that his religious accommodation could no longer be

honored because it imposed an undue hardship on the facility. The letter

suggested that complainant bid for a position at a different facility

capable of accommodating him. On April 13, 1999, the agency accepted

this claim for investigation.

In the present complaint, complainant raises the same matter, and argues

that 83% of the vacancies listed as within his restrictions could not

accommodate him. This claim concerns the same matter raised in the

prior complaint. Accordingly, the agency's dismissal is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

December 15, 2000

__________________

Date