Terrence R. Haugse Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 22, 2000
05a01263 (E.E.O.C. Dec. 22, 2000)

05a01263

12-22-2000

Terrence R. Haugse Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Terrence R. Haugse v. USPS

05A01263

December 22, 2000

.

Terrence R. Haugse

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A01263

Appeal No. 01984997

Agency No. 4-I-680-0071-98

DENIAL OF REQUEST FOR RECONSIDERATION

On August 29, 2000 Terrence R. Haugse (hereinafter referred to as

complainant) initiated a request to the Equal Employment Opportunity

Commission (EEOC) to reconsider the decision in Haugse v. USPS, EEOC

Appeal No. 01984997 (August 4, 2000).EEOC regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision

where the party demonstrates that: (1) the previous decision involved

clearly erroneous interpretation of material fact or law; or (2) the

decision will have a substantial impact on the policies, practices or

operation of the agency. See 29 C.F.R. �1614.405(b).<1>

After a review of complainant's request to reconsider, the previous

decision, and the entire record, the Commission finds that complainant's

request does not meet the criteria of 29 C.F.R. �1614.405(b), and

it is the decision of the Commission to deny complainant's request.

The decision of the Commission in Appeal Nos. 01984997 remains

the Commission's final decision. The agency is directed to comply

with the Order as set forth below.<2> There is no further right of

administrative appeal from a decision of the Commission on a request

for reconsideration.

ORDER

The agency is hereby ORDERED to take the following actions, including

a supplemental investigation:

1. The agency shall refer complainant to an EEO Counselor for the purpose

of clarifying the issues and bases in his April 13, 1998 complaint.

Complainant shall not be permitted to add new claims to his April 13,

1998 complaint. However, he shall not be required to refile his April

13, 1998 complaint at the conclusion of the counseling.

2. Complainant shall advise the Counselor of those claims intended

to be �live� claims from those claims intended to be presented

as background evidence in support of �live� claims. In addition,

complainant shall identify with specificity all bases of discrimination,

�live� claims of discrimination, dates of occurrence for each �live�

claim of discrimination, the specific identities of those individuals

whom complainant alleges discriminated against him with regard to each

�live� claim of discrimination, and the specific places where each

�live� claim of discrimination allegedly arose. The parties shall

ensure that all abbreviations are spelled out and all agency terms of

art are fully explained.

3. Thereafter, the Counselor shall issue a supplemental report of

Counseling that the agency shall include as part of its supplemental

report of investigation.

4. As part of its supplemental report of investigation, the agency

shall obtain from complainant, under oath or affirmation, a statement

identifying with specificity the identities of all persons whom

complainant purportedly contacted with regard to his claims at issue,

including those persons at the agency and those at the Commission with

whom complainant allegedly spoke and who, purportedly, rejected his

requests for assistance. Complainant shall provide relevant, specific

dates of such alleged contacts and the substance of those contacts.

The agency shall then obtain statements, under oath or affirmation,

from each individual at the agency with whom complainant asserts he

spoke or contacted in writing to obtain assistance with those claims

that formed the basis of his April 13, 1998 EEO complaint, including

C/I, to whom complainant allegedly reported hostility, on September 24,

1997. Complainant shall cooperate fully with all agency requests for

information and documents necessary to enable the agency to comply with

the Commission's Order in this matter. In this regard, both the agency

and complainant shall obtain and provide the Commission with all relevant

documents in this matter, including but not limited to complainant's

prior complaint of disability-based harassment that he claimed he filed

in September 1997.

5. The agency shall obtain and make available to the Commission, as well

as to complainant, true copies of any and all relevant EEO posters that

were posted between 1991, and complainant's March 26, 1998 EEO Counselor

contact in this case. The agency shall identify each poster by date

and identify where the poster was posted relative to those locations

where complaint was reasonably expected to frequent, including but

not limited to his work areas, break rooms, and the like. The agency

shall supplement those posters with statements taken under oath or

affirmation, from all persons, including complainant, with first-hand

knowledge as to the locations, dates, and substance of those posters of

which the agency contends complainant had constructive notice, as well

as from those persons who can provide evidence as to whether and when

complainant became aware of the applicable time limitation for initiating

EEO counseling in this case.

6. If the parties agree on the issues and bases in complainant's

April 13, 1998 EEO complaint, and the agency accepts his complaint for

investigation, then the agency shall issue a letter of acceptance to

complainant, with a copy to the Commission. If the agency again seeks to

dismiss the complaint in its entirety, then the agency shall issue a final

decision to complainant with appeal rights to the Commission consistent

with the Commission's revised regulations. If the agency accepts only

portions of complainant's claims and bases, it shall process the matter in

accordance with the regulations. In this regard, the Commission reminds

the parties that there is no right of appeal to the Commission on

partially-dismissed claims until final action is taken on the remainder

of the complaint, The final decision must specify the legal grounds

for dismissal, as well as the facts and documentary evidence relied upon,

and may not dismiss claims de facto by failing to identify them.

7. All Ordered actions, including all supplementary reports and the

issuance of a letter of acceptance or final agency decision, as the

case may be, must be completed within ninety (90) calendar days from

the date the Commission's decision becomes final in the present case.

In accordance with EEOC--Management Directive (MD) 110 as revised

November 9, 1999, 9-23, the agency shall give priority to this remanded

case in order to comply with the time frames contained in this Order.

The Office of Federal Operations will issue sanctions against agencies

when it determines that agencies are not making reasonable efforts to

comply with a Commission order to investigate a complaint.

8. The agency must provide the complainant with a copy of the

supplemental EEO Counselor's report and supplemental report of

investigation, in addition to the letter of acceptance and/or final

agency decision as the case may be, and return the completed record to

the Compliance Officer, as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement of

the order. 29 C.F.R. � 1614.503(a). The complainant also has the right

to file a civil action to enforce compliance with the Commission's order

prior to or following an administrative petition for enforcement. See 29

C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,

the complainant has the right to file a civil action on the underlying

complaint in accordance with the paragraph below entitled "Right to File

A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action

for enforcement or a civil action on the underlying complaint is subject

to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the

complainant files a civil action, the administrative processing of the

complaint, including any petition for enforcement, will be terminated.

See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION

(R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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

December 22, 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. The regulations, as amended, may also be found

at the Commission's website at www.eeoc.gov.

2Item 6 in the Order has been modified for clarification purposes.