01A05578
11-08-2000
Patricia D. Teal, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Patricia D. Teal v. United States Postal Service
01A05578
November 8, 2000
.
Patricia D. Teal,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A05578
Agency No. 4D-280-0174-00
DECISION
On August 18, 2000, complainant filed a timely appeal with this Commission
from an agency decision pertaining to her 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.; the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.;
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.<1> The Commission accepts the appeal
in accordance with 29 C.F.R. �1614.405.
Complainant contacted the EEO office regarding claims of discrimination
based on race, sex, age, disability, and retaliation. Informal efforts
to resolve complainant's concerns were unsuccessful. Subsequently,
on May 29, 2000, complainant filed a formal complaint claiming she was
discriminated against when:
On April 10, 2000, she submitted a letter to the Mid-Carolinas District
EEO office expressing her dissatisfaction with the handling of her prior
EEO complaints.
The agency issued a decision, on July 10, 2000, dismissing the complaint
on the grounds that it alleged dissatisfaction with the processing of
a previously filed complaint, pursuant to 29 C.F.R. �1614.107(a)(8).
Specifically, the agency cited fourteen of complainant's prior cases.
According to the agency, in each case either a decision was issued;
a settlement agreement was reached; or a Notice of Right to File was
issued without complainant filing a complaint. The agency concluded
that complainant should have expressed her dissatisfaction during the
processing of those cases, rather than by filing the instant compliant.
Complainant makes no contentions on appeal.
Claims alleging dissatisfaction with the processing of a prior
complaint must be dismissed. See EEOC Regulation 29 C.F.R. � 107 (a)(8).
Dissatisfaction with the EEO process must be raised within the underlying
complaint, not a new complaint. See EEOC - Management Directive 110
(as revised Nov. 9, 1999) 5-23, 5-25 to 5-26.
A review of the record reveals that complainant requested counseling
regarding her �dissatisfaction of the handling of [her] EEO complaints.�
In her formal complaint, complainant simply listed the case numbers for
her prior complaints in the space provided for the alleged discriminatory
event. Similarly, in the portion of the form for the requested remedy,
complainant wrote �Previously stated on each complaint form.� Therefore,
the Commission finds that the agency properly dismissed the complaint
pursuant to 29 C.F.R. �1614.107(a)(8), as it concerns the processing of
her prior complaints.
Accordingly, the agency's decision to dismiss the complaint was proper
and is hereby 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
November 8, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.