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.