0120110495
07-02-2012
Safiya Ghori-Ahmad, Complainant, v. Leonard A. Leo, Chair, United States Commission on International Religious Freedom, Agency.
Safiya Ghori-Ahmad,
Complainant,
v.
Leonard A. Leo,
Chair,
United States Commission on International Religious Freedom,
Agency.
Appeal No. 0120110495
Hearing No. 570-2010-00611X
Agency No. 09-NCR-ALD-SGA-3
DISMISSAL OF APPEAL
Complainant filed a timely appeal with this Commission from the EEOC Administrative Judge's (AJ) decision dated August 18, 2010, dismissing 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. � 20000e et seq.
At the time of events giving rise to this complaint, Complainant was an applicant for employment with the Agency. The Agency offered Complainant a position as a Policy Analyst on June 4, 2009, but rescinded the offer on July 1, 2009. It subsequently hired her as a Consultant under a 90-day contract beginning July 27, 2009. Report of Investigation at 3, 95-96, 186-87, 220.
On September 17, 2009, Complainant filed a formal EEO complaint alleging that the Agency discriminated against her on the basis of religion (Muslim) when it rescinded the offer of employment as a Policy Analyst. By letter dated September 25, 2009, the Agency accepted the allegation for investigation. On November 10, 2009, Complainant sought to amend her complaint to add an allegation that the Agency discriminated against her on the bases of religion and reprisal for prior EEO activity when it did not continue her temporary employment as a Consultant. The Agency accepted that allegation for investigation on November 18, 2009. 1
At the conclusion of the investigation, Complainant was provided with a copy of the report of investigation and notice of her right to request a hearing before an EEOC Administrative Judge. Complainant timely requested a hearing. On July 13, 2010, the Agency moved to dismiss Complainant's complaint on the ground that the EEOC lacked jurisdiction to review the complaint. The AJ issued an Order granting the Motion to Dismiss on August 18, 2010. When the Agency failed to issue a final order within forty days of receipt of the AJ's decision, the AJ's decision dismissing Complainant's complaint became the Agency's final action pursuant to 29 C.F.R. � 1614.109(i).
We have become aware that, on June 7, 2012, Complainant filed a civil action (identified as Civil Action No. 1:12-cv-00936-RWR) in the United States District Court for the District of Columbia. In the civil complaint, Complainant alleged that the Agency discriminated against her on the bases of religion (Muslim) and race/national origin (Indian) when it retracted her offer of full-time employment and on the bases of religion, national origin, and reprisal when it did not extend her temporary position.
We determine that the instant complaint contains the same claims raised in the civil action. 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 Stromgren v. Dep't of Veterans Affairs, EEOC Request No. 05891079 (May 7, 1990); Sandy v. Dep't of Justice, EEOC Appeal No. 01893513 (Oct. 19, 1989); Kotwitz v. U.S. Postal Serv., EEOC Request No. 05880114 (Oc. 25, 1988). Accordingly, Complainant's appeal is hereby DISMISSED.2 See 29 C.F.R. � 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 (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 (Z0610)
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
July 2, 2012
Date
1 Complainant subsequently amended her complaint to add national origin (Indian-American, perceived as Pakistani-American) as a basis for her claims. Complainant's Motion to Amend Complaint (May 14, 2010), granted, AJ Order (May 28, 2010).
2 We make no determination on the issue raised on appeal, i.e., whether EEOC has jurisdiction to review Complainant's complaint.
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0120110495
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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