01A42608
12-06-2004
R. Keith Bradley, Complainant, v. Thomas J. Ridge, Secretary, Department of Homeland Security, Agency.
R. Keith Bradley v. Department of Homeland Security
01A42608
12-06-04
.
R. Keith Bradley,
Complainant,
v.
Thomas J. Ridge,
Secretary,
Department of Homeland Security,
Agency.
Appeal No. 01A42608
Agency Nos. 03-2480T, 03-138C/04-4024
DECISION
Upon review, the Commission finds that complainant's complaints were
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In complaint, 03-2480T, complainant identified
no factual information, including no identification of the bases of
discrimination being alleged and no descriptions of any incidents of
alleged discrimination. In complaint, 03-138C/04-4024, complainant
alleged discrimination based upon his sex (male), age (9/1/57) and
retaliation for prior EEO activity. However, complainant again provided
no factual information regarding his complaint and no descriptions of
incidents of alleged discrimination. The record reflects that in both
of these complaints, the agency repeatedly sought to assist complainant
by requesting that he provide specific information to clarify the claims
raised in them.<1> However, the record also reflects that complainant
repeatedly failed to provide the requested factual information sought by
the agency. The Commission finds that these complaints fail to state
a claim under the EEOC regulations because complainant's complaints
do not contain information that is sufficiently precise to identify
the actions and practices that form the bases of the complaints.
29 C.F.R. � 1614.106(c). Also, under 29 C.F.R. � 1614.107(a)(7), the
agency may dismiss a complaint where it has provided the complainant with
a written request to provide relevant information or otherwise proceed
with the complaint, and the complainant has failed to respond to the
request within 15 days of its receipt or the complainant's response does
not address the agency's request, provided that the request included
a notice of the proposed dismissal. Accordingly, the agency's final
decision dismissing complainant's complaints is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
______12-06-04____________
Date
1In trying to specifically determine what complainant's claims were, the
agency even posed possible claims in its correspondence, dated November
25, and December 10, 2003 to complainant, seeking at the very least,
confirmation by complainant that these suggested claims were accurate.