01a54713
10-13-2005
Eddie J. Caldwell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Eddie J. Caldwell v. United States Postal Service
01A54713
October 13, 2005
.
Eddie J. Caldwell,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54713
Agency No. 4C-430-0020-04
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In his complaint, complainant alleged that he was
subjected to discrimination on the basis of reprisal for prior EEO
activity when, on August 21, 2004, complainant was treated differently
than other employees.
The record reveals that, by letter dated January 28, 2005, complainant
was given notice of his right to file a formal complaint, and at the same
time, advised that his formal complaint must specify the issues which
form the basis of the complaint and the matters which were discussed with
the EEO Counselor. Complainant was also specifically advised, in part,
that a complaint must contain the following which he must provide: �The
specific action or matter complained of, its date, and the official(s)
responsible.� However, in response, when complainant submitted his formal
complaint, PS Form 2565, he provided the date of incident as August 21,
2004, and did not state any specific action or situation for which he was
alleging discrimination. On March 2, 2005, the EEO Counselor presented
complainant with a document requesting that he clarify his allegation
and specify the incidents and the dates of incidents. On March 11, 2005,
the EEO Counselor spoke to complainant on the telephone to inquire on the
status of the clarification. On March 16, 2005, the EEO Counselor visited
complainant's work site in an effort to obtain his clarification; however,
the agency claims that complainant phoned the EEO Counselor later that day
and indicated that he did not want to complete the paperwork as requested.
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. An agency shall accept a complaint from any aggrieved
employee or applicant for employment who believes that he or she
has been discriminated against by that agency because of race, color,
religion, sex, national origin, age or disabling condition. 29 C.F.R. ��
1614.103, .106(a). The Commission's federal sector case precedent has
long defined an "aggrieved employee" as one who suffers a present harm
or loss with respect to a term, condition, or privilege of employment
for which there is a remedy. Diaz v. Department of the Air Force,
EEOC Request No. 05931049 (April 21, 1994).
We concur with the agency and find that complainant has failed to provide
any specific information regarding his complaint. Complainant has
not identified what happened specifically in his complaint, how he was
treated differently, or how the matter altered the terms, conditions,
or privileges of his employment. Additionally, the complaint lacks
sufficient specificity and detail to permit an investigation. There is
no remedy to provide complainant in the instant matter.
Accordingly, the agency's final decision dismissing complainant's
complaint is AFFIRMED.
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 13, 2005
__________________
Date