0120150430
04-23-2015
Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Eastern Area), Agency.
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 0120150430
Agency No. 4C170005314
DECISION
Complainant filed a timely appeal with this Commission from the Agency's decision (Dismissal) dated October 7, 2014, dismissing her 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 as a City Letter Carrier at the Agency's Post Office facility in Whitehall, Pennsylvania. On September 18, 2014, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of disability (Post Traumatic Stress Disorder/Anxiety) when:
1. since February 28, 2013 and ongoing, management has failed to correct false earning statements reported to the Pennsylvania Unemployment Commission;
2. on June 30, 2014, management presented false testimony and evidence at an unemployment hearing:
3. on July 11, 2014, Complainant was denied Family Medical Leave Act (FMLA) leave; and
4. on July 24, 2014, Complainant received documentation from the Office of Workers' Compensation Programs (OWCP) that demonstrates that management was deliberately covering-up FMLA violations.
The Agency dismissed the claims for failure to state a claim and for constituting collateral attacks on proceedings from other forums.
ANALYSIS AND FINDINGS
The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides, in relevant part, that an agency shall dismiss a complaint that fails to state a claim. The Commission has held that an employee cannot use the EEO complaint process to lodge a collateral attack on another proceeding. See Wills v. Dep't of Defense, EEOC Request No. 05970596 (July 30, 1998); Kleinman v. U.S. Postal Service, EEOC Request No. 05940585 (Sept. 22, 1994); Lingad v. U.S. Postal Service, EEOC Request No. 05930106 (June 25, 1993). The proper forum for Complainant to raise her challenges to alleged false earning statements and testimony made to the State Unemployment Commission is with that State Commission itself. Additionally, the proper forum for Complainant to raise her challenge to the denial of FMLA leave and to any alleged misconduct by management during any OWCP proceeding is with the Department of Labor. Hence, we find that Complainant's claims do not state valid claims of employment discrimination.
On appeal, Complainant argues that Watkins v. U.S. Postal Service, EEOC Appeal No. 0120102905 (November 10, 2010) "clearly applies to my case in the crucial distinction of EEOC jurisdiction over my case." We note, however, that in Watkins we found, as we do here, that the claim constituted a prohibited collateral attack and that the complainant failed to state a claim. On appeal, Complainant further raises issues such as "lack of reasonable accommodation" and alleged violations of medical privacy. Such issues, however, were not raised in her Formal Complaint and are not before us.
CONCLUSION
The Dismissal 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 23, 2015
__________________
Date
2
0120150430
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120150430