0120100374
04-21-2011
Thomas M. Long, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Western Area), Agency.
Thomas M. Long,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Western Area),
Agency.
Appeal No. 0120100374
Agency No. 1E501023909
DECISION
Complainant filed a timely appeal with this Commission from the
Agency's decision dated October 5, 2009, concerning his complaint of
unlawful employment discrimination in violation of Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked
for the Agency in a postal facility in Des Moines, Iowa.
On September 16, 2009, Complainant filed a formal complaint alleging that
the Agency subjected him to discrimination on the basis of disability
when his FMLA information in eRMS contained medical information and was
available for view by individuals without the legal authority to view
such information.
In its final decision, the Agency stated that the Complainant's complaint
was being held in abeyance pending the outcome of a certification
decision in a class complaint. Specifically, the agency determined
that the claim raised in complainant's complaint was identical to
the claim raised in Diana Pevoteaux v. United States Postal Service
(Agency No. 1E-502-0054-09). The proposed class complaint alleges that
the Agency discriminated against class members when medical information
was posted in the eRMS and made available to all personnel with access
to the system in violation of the Rehabilitation Act.
ANALYSIS AND FINDINGS
The Commission has previously held that a complainant may appeal an
agency decision to hold an individual complaint in abeyance during the
processing of a related class complaint. See Roos v. United States Postal
Service, EEOC Request No. 05920101 (February 13, 1992). In addition, Equal
Employment Opportunity Management Directive-110, Chapter 8, � III(C)
(November 9, 1999) provides, in relevant part, that "an individual
complaint that is filed before or after the class complaint is filed
and that comes within the definition of the class claim(s), will not be
dismissed but will be subsumed within the class complaint."
Upon review, we find that the Agency correctly held Complainant's claim of
disability discrimination in abeyance. As noted above, both complainant's
complaint and the proposed class allege disability discrimination when
medical information was posted and made available to all personnel with
access to the agency system.
Accordingly, the agency's decision to hold complainant's claim of
disability discrimination in abeyance is AFFIRMED.
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
April 21, 2011
__________________
Date
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0120100374
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120100374