Lawrence Battle, Complainant,v.Norman Y. Mineta, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity CommissionJan 10, 2002
01A10149_r (E.E.O.C. Jan. 10, 2002)

01A10149_r

01-10-2002

Lawrence Battle, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.


Lawrence Battle v. Department of Transportation

01A10149

January 10, 2002

.

Lawrence Battle,

Complainant,

v.

Norman Y. Mineta,

Secretary,

Department of Transportation,

Agency.

Appeal No. 01A10149

Agency No. 2-00-2124

DECISION

Upon review, the Commission finds that complainant's complaint was

properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for stating

the same claim that was raised in a prior complaint. In the instant

complaint, dated June 14, 2000, complainant alleged that he was subjected

to discrimination on the bases of race, disability, age, and in reprisal

for prior protected activity when:

On April 2, 2000, complainant became aware of slanderous and libelous

documents from management regarding his being barred from agency

buildings.

In a final agency decision dated August 11, 2000, the agency dismissed

the complaint stating that complainant raised the same claim in a prior

complaint filed with the agency under Agency Case Number 2-00-2102.

The regulation set forth at 29 C.F.R. � 1614.107(a)(1) provides that

the agency shall dismiss a complaint that states the same claim that is

pending before or has been decided by the agency or Commission.

The record reveals that by letter to complainant, dated June 14, 2000,

the agency notified complainant of the acceptance of the following claim

as part of complainant's prior complaint (2-00-2102), filed with the

agency March 27, 2000:

[Was complainant] discriminated against based on [his] race (African

American), age (51), handicap (Generalized Anxiety Disorder), and reprisal

(prior EEO activity), when [he] was harassed and subjected to a hostile

working environment when:

[complainant] became aware by letter dated February 14, 2000, that [he]

was barred from entering all DOT Headquarters buildings and facilities

effective December 30, 1999?

The Commission determines that the matter raised in the instant complaint

is an elaboration of the matter raised by complainant in Agency Case

No. 2-00-2102, regarding an agency determination to bar complainant from

its facilities. Consequently, we find that the agency properly dismissed

the instant complaint for stating the same claim as complainant's previous

complaint, and we AFFIRM the agency's dismissal.

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

January 10, 2002

__________________

Date