0120161352
05-20-2016
Tiffanie S.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Pacific Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Tiffanie S.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Appeal No. 0120161352
Hearing No. 480-2015-00775X
Agency No. 4X048003114
DISMISSAL
Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission) concerning her EEO complaint (Agency No. 4X-048-0031-14) raising claims of 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.
At the time of events giving rise to this complaint, Complainant worked as a Customer Care Agent at the Agency's Customer Care Center facility in Los Angeles, California.
Complainant filed an EEO complaint (Agency No. 4X-048-0031-14) alleging that the Agency subjected her to discrimination on the bases of race, color, disability, age, and reprisal. The Agency dismissed the complaint on June 9, 2014. Complainant appealed.
In Appeal No. 0120142831 (January 28, 2015), we affirmed the Agency's dismissal of the complaint due to the untimely filing of the formal complaint. 2
Thereafter, on September 20, 2015, Complainant requested a hearing on the same complaint. The matter was docketed as Hearing No. 480-2015-00775X. On February 12, 2016, the EEOC Administrative Judge (AJ) dismissed the complaint because of our decision in Appeal No. 0120142831.
In her instant appeal, Complainant expresses her disagreement with the AJ's decision. Complainant's appeal specifically indicates that it deals with complaint 4X-048-0031-14, states that she disagrees with the definition of her claims, and indicates she is attempting to amend that complaint. However, we agree with the AJ that the matter has already been adjudicated in Appeal No. 0120142831. As such, Complainant's appeal is barred by res judicata.
Accordingly, Complainant's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0416)
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 Chap. 9 � VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. The requests may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. 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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
May 20, 2016
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
2 Complainant also filed another appeal with the Commission, Appeal No. 0120152012 (June 19, 2015), wherein she alleged the Agency refused to give her counseling. We remanded the matter to the Agency to commence counseling. There is no complaint number for that complaint. The appellate decision was affirmed upon reconsideration, Request No. 0520150435 (December 17, 2015).
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