01A42680_r
06-24-2004
Joanne S. Ouellette, Complainant, v. John E. Potter, Postmaster General, United States Postal Service Agency.
Joanne S. Ouellette v. United States Postal Service
01A42680
June 24, 2004
.
Joanne S. Ouellette,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
Agency.
Appeal No. 01A42680
Agency No. 4E-800-0629-03
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated January 27, 2004, dismissing her complaint of
unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. and the
Rehabilitation Act of 1973, as amended.
In her formal complaint, filed on October 29, 2003, complainant alleged
that she was subjected to discrimination on the bases of disability and
in reprisal for prior EEO activity when:
On July 11, 2003, she became aware that the agency controverted her
doctor's medical opinion; and
Effective August 15, 2003, the Office of Workers' Compensation Programs
(OWCP) terminated her entitlement to wage loss and schedule award
compensation benefits under the Federal Employees Compensation Act.
In its final decision, the agency dismissed the instant complaint for
failure to state a claim.
Complainant alleges in essence, that because the agency controverted
her OWCP claim, she was denied benefits under the Federal Employees
Compensation Act. Upon review, the Commission finds that the instant
complaint amounts to a collateral attack on the OWCP process, and thus
fails to state a claim. See Reloj v. Department of Veterans Affairs,
EEOC Request No. 05960545 (June 15, 1998). Moreover, we note that
it has been long held that an agency has an obligation to controvert
an employee's OWCP claim where there is a dispute as to an employee's
entitlement. As a general rule, agency opposition to an OWCP claim does
not affect a term, condition, or privilege of employment so as to render
a person aggrieved. See Hall v. Department of Treasury, EEOC Appeal
No. 01945595 (February 23, 1995).
Accordingly, the agency's decision dismissing complainant's complaint
is AFFIRMED for the reasons set forth herein.
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
June 24, 2004
__________________
Date