01a01814
05-31-2000
William S. Meadows, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.
William S. Meadows v. Department of Justice
01A01814
May 31, 2000
William S. Meadows, )
Complainant, )
)
v. ) Appeal No. 01A01814
) Agency No. I-99-C161
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
______________________________)
DECISION
The Commission finds that the agency's November 30, 1999 decision
dismissing the complaint on the grounds of failure to state a
claim is proper pursuant to the provisions of 64 Fed. Reg. 37,644,
37,656 (1999) (to be codified and hereinafter referred to as 29
C.F.R. �1614.107(a)(1)).<1>
The record shows that Complainant claimed that he had been discriminated
against on the basis of disparate treatment when on June 29, 1999, he
was officially advised that he was going to he removed from his position
as Clerk (Student) GS-303-1. Complainant also claimed that the other
student clerks were provided with performance work plans while he was not.
The record further shows that in his informal complaint and in his formal
complaint, Complainant failed to raise a basis of discrimination and
only claimed that he had been subject to disparate treatment.
By letter dated August 25, 1999, the agency advised Complainant that
his complaint lacked a basis under EEOC Regulations. The agency asked
Complainant to provide the requested information within 15 calendar days
of his receipt of the letter. According to a Memorandum to the File,
on September 9, 1999, Complainant called the agency and stated that
"he did not feel that any of the Title 7 reasons applied and that he
felt it was other (disparate treatment)".
The agency issued a final decision dismissing the complaint on the
basis of failure to state a claim. On appeal, Complainant states,
for the first time, that he was the victim of discrimination due to a
"disabling condition."
Based on the record herein, the Commission determines that the agency
properly dismissed the complaint. Complainant was specifically advised
on several occasions to identify the basis of discrimination claimed.
Complainant failed to identify any basis during EEO counseling or in
his formal complaint. On appeal, complainant belatedly attempted to
correct his complaint and identify the basis of a "disabling condition."
However, he has provided no explanation for failure to previously
identify a basis when he was advised of the need for him to do so.
Having failed to identify a basis prior to the agency's dismissal,
the Commission determines that the instant complaint fails to state a
claim and was properly dismissed. See Lefcheck v. USPS, EEOC Request
No. 05950812 (April 4, 1996). Accordingly, the final agency decision is
hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
May 31, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
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 EQUAL EMPLOYMENT ASSISTANT
1 On 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. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.