0120182356
09-13-2018
Preston B,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Preston B,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Appeal No. 0120182356
Agency No. 4E-852-0232-17
DISMISSAL
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) concerning his EEO compliant 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., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
At the time of events giving rise to this complaint, Complainant worked as a City Letter Carrier at the Agency's Highland Post Office facility in Albuquerque, New Mexico.
On December 19, 2017, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of race (African-American), sex (male), color (Not Specified), disability, age (50), and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and Section 501 of the Rehabilitation Act of 1973 when:
1. On or about August 19, 2017, the Agency did not raise Complainant's pay to the correct amount to reflect his promotion.
2. On October 18, 2017, management posted a PS Form 3971 in Complainant's work area stating he was 3 hundredths of a minute late.
3. On November 21, 2017, during a REDRESS meeting, the Agency's counsel made negative comments to Complainant's representative and during the same meeting Complainant's boss [sic] asked to see Complainant's socks and directed Complainant's supervisor to nitpick the color of Complainant's postal shirt.
4. On or about December 13, 2017, the Agency refused to rectify Complainant's back-pay issue.
The Agency dismissed the complaint as a whole which Complainant appealed. In EEOC Appeal No. 0120181045 (May 31, 2018), the Commission affirmed the Agency's dismissal of claims (2), (3) and (4) and reversed the dismissal of claim (1). The Commission ordered the Agency to process claim (1) in accordance with 29 C.F.R. � 1614.108.
Subsequently, on June 5, 2018 and June 13, 2018, Complainant submitted amendments to his pending EEO complaint. Complainant alleged that the Agency subjected him to discrimination on the bases of race (African-American), sex (male), color (Not Specified), disability, age (50), and reprisal for prior protected EEO activity when:
5. On a date to be specified, management docked Complainant's pay when they charged him with 6.15 hours of Leave without Pay (LWOP).
6. On or about April 20, 2018, management took 24 hours of sick leave dependent care from Complainant.
7. On or about June 1, 2018, Complainant was denied 32 hours of Continuation of Pay (COP) for an on-the-job injury.
8. On an unspecified date, management submitted false statements to the Department of Labor to deny him his benefit and pay with the Office of Workers Compensation Programs (OWCP).
9. On dates unspecified, management refused to resolve Complainant's grievances.
By letter dated June 22, 2018, the Agency accepted claims (5) and (6). The Agency dismissed claims (7), (8) and (9). The Agency noted in its decision that the amended claims would be consolidated with claim (1).
On June 30, 2018, Complainant filed the instant appeal. Complainant asserted on appeal that he objected to the Agency's dismissal of claims (7), (8) and (9). He requested that the Commission reverse the Agency's dismissal and that these claims be remanded for further processing. When the Agency issues a final decision on Agency No. 4E-852-0232-17, Complainant may then raise any arguments concerning the Agency's dismissal of claims (7), (8), and (9). At this juncture, his appeal appears premature and is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
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. A party shall have twenty (20) calendar days of receipt of another party's timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant's request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 agency's request must be submitted in digital format via the EEOC's Federal Sector EEO Portal (FedSEP). See 29 C.F.R. � 1614.403(g). 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 (S0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
September 13, 2018
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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