01a40478
10-20-2004
Thomas R. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Thomas R. Williams v. United States Postal Service
01A40478
October 20. 2004
.
Thomas R. Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A40478
Agency No. 1E-821-0007-02
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated September 23, 2003, dismissing his formal 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. � 2000e
et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq. , and the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
Complainant initiated EEO Counselor contact on February 6, 2002.
Informal efforts to resolve his concerns were unsuccessful. In his
formal complaint dated April 26, 2002, complainant alleged that he was
subjected to unlawful employment discrimination on the bases of race,
disability, and age.
In its September 23, 2003 final decision, the agency determined that
complainant's complaint is comprised of the following claim:
on December 27, 2001, [complainant's] physician's work evaluation was
refused and continuation of pay for a work related injury was denied.
The agency dismissed complainant's complaint on the grounds of
mootness. Specifically, the agency stated that complainant was paid
continuation of pay as a result of a grievance settlement.
On appeal, complainant states that his complaint was improperly dismissed.
Specifically, complainant states that �management broke the law by
failing to accept Worker[s] Compensation rules.�
The Commission determines that although the agency dismissed complainant's
complaint on the grounds of mootness, the complaint is appropriately
dismissed for failure to state a claim. EEOC Regulation 29 C.F.R. �
1614.107(a)(1) requires the dismissal of a complaint that fails to state
a claim. Complainant's complaint is, in essence, a collateral attack
alleging a violation by the agency of the Federal Employees Compensation
Act (FECA). Review of FECA violations is not within the jurisdiction of
the Commission, and the nature of a complainant's complaint does not fall
within the limited circumstances under which a complainant may appeal
to the Commission. See Hogan v. Department of the Army, EEOC Request
No. 05940407 (September 29, 1994). The proper forum for complainant to
raise his challenge is within the workers' compensation process.
Accordingly, the Commission AFFIRMS the agency's final decision dismissing
complainant's complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (S0900)
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 (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
October 20 2004
__________________
Date