[Redacted], Chad T., 1 Petitioner,v.Christine Wormuth, Secretary, Department of the Army, Agency.

Equal Employment Opportunity Commission

Oct 17, 2022

Petition No. 2022005058 (E.E.O.C. Oct. 17, 2022)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Chad T.,1 Petitioner, v. Christine Wormuth, Secretary, Department of the Army, Agency. Petition No. 2022005058 MSPB No. DC-0752-22-0376-I-1 ORDER OF DISMISSAL On June 21, 2022, Petitioner filed Civil Action No. 1:22cv696 in the United States District Court for the Eastern District of Virginia, Alexandria Division. A review of the of the complaint filed in the civil action reflects that the claims raised in the civil action are the same as those raised in the Initial Decision issued by the Merit Systems Protection Board (MSPB) which is raised the instant EEO petition for review. EEOC Regulation 29 C.F.R. § 1614.409 provides: Filing a civil action under § 1614.407 or § 1614.408 shall terminate Commission processing of the appeal. A Commission decision on an appeal issued after a Petitioner files suit in district court will not be enforceable by the Commission. If private suit is filed subsequent to the filing of an appeal and prior to a final Commission decision, the complainant should notify the Commission in writing. Accordingly, the Commission will dismiss a pending petition under these circumstances to prevent a petitioner 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, e.g., Wayne C. v. Dep’t of Vet. Aff., EEOC Appeal No. 2020002855 (Oct. 6, 2020); Bart L. v. 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. 2022005058 2 Dep’t of Agric., EEOC Appeal Nos. 2020000098, 2020000100 (Mar. 10, 2021); Von E. v. Dep’t of the Treasury, EEOC Appeal No. 2020004947 (Feb. 17, 2022). Following a review of Civil Action No. 1:22cv696, the Commission has determined that the above-referenced civil action raises the same claims as the EEO petition currently on appeal. Accordingly, EEOC Petition No. 2022005058 must be, and is, DISMISSED. PETITIONER’S RIGHT TO FILE A CIVIL ACTION (W0610) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. You have the right to file a civil action in an appropriate United States District Court, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of 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. 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 Petitioner’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 October 17, 2022 Date