Michelle G. Valentine, Complainant,v.John E. Potter, Postmaster General, United States Postal Service (Capital Metro), Agency.

Equal Employment Opportunity CommissionJul 13, 2009
0120080735 (E.E.O.C. Jul. 13, 2009)

0120080735

07-13-2009

Michelle G. Valentine, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Capital Metro), Agency.


Michelle G. Valentine,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service

(Capital Metro),

Agency.

Appeal No. 0120080735

Hearing No. 430-2007-00247X

Agency No. 1K-272-0002-06

DISMISSAL OF APPEAL

On November 26, 2007, complainant filed an appeal from the agency's

October 12, 2007 final order concerning her equal employment opportunity

(EEO) complaint alleging 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. and Section 501 of the Rehabilitation Act of 1973

(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq. In her EEO

complaint, complainant alleged that she was discriminated against on the

bases of race (Hispanic), sex (female), color (Hispanic), disability,

and in reprisal for prior protected EEO activity when on October 12,

2006, complainant was harassed and physically threatened when she was

forced off the premises of the Greensboro Bulk Mail Center.

Subsequent to filing her appeal, complainant submitted a copy to the

Commission of a discrimination complaint filed by her in the United States

District Court for the District of Columbia in 2009. The complaint is

captioned as EEOC No. 430-2007-00247X and Agency No. 1K-272-0002-06.

Further, complainant identified the civil action as pertaining to

a physical assault by a supervisor, disability discrimination, and

reprisal. The Commission is satisfied that the civil action concerns

the same matters raised in the instant appeal. The regulation found at

29 C.F.R. � 1614.409 provides that the filing of a civil action "shall

terminate Commission processing of the appeal." Commission regulations

mandate dismissal of the EEO complaint under these circumstances so as to

prevent a complainant from simultaneously pursuing both administrative and

judicial remedies on the same matters, wasting resources, and creating

the potential for inconsistent or conflicting decisions, and in order

to grant due deference to the authority of the federal district court.

See Stramgren v. Department of Veterans Affairs, EEOC Request No. 05891079

(May 7, 1990); Sandy v. Department of Justice, EEOC Appeal No. 01893513

(October 19, 1989); Kotwitz v. United States Postal Service, EEOC

Request No. 05880114 (October 25, 1988). Accordingly, the Commission

hereby DISMISSES complainant's 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

____07/13/09______________

Date

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0120080735

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120080735