0120073065
09-13-2007
Paramjeet S. Birring, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Paramjeet S. Birring,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120073065
Agency No. 4G-770-0230-07
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated May 31, 2007, dismissing his complaint of unlawful
employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq. In his complaint, complainant alleged that he
was subjected to discrimination on the bases of race (Indian), national
origin (India), sex (male), religion (Sikh), age (D.O.B. 06/11/46),
and reprisal for prior protected EEO activity under Title VII of the
Civil Rights Act of 1964 and
the Age Discrimination in Employment Act of 1967 when on March 3, 2007,
he was issued a Notice of Proposed Reduction in Grade and/or Pay.
The agency dismissed the instant complaint pursuant to 29 C.F.R. �
1614.107(a)(5). The agency determined that complainant did not assert
a claim of actually receiving a reduction in grade and/or pay; or a
decision letter in conjunction with the Notice of Proposed Reduction.
The agency stated that complainant was not harmed with regard to a term,
condition, or privilege of his employment. Thereafter, complainant
filed the instant appeal.
In response, the agency asserts that complainant has not provided evidence
that further actions were taken with regard to the proposed reduction.
The agency concludes that complainant therefore cannot show harm to a
term, condition, or privilege of his employment.
The regulation set forth at 29 C.F.R. � 1614.107(a)(5) provides, in part,
that the agency shall dismiss a complaint that alleges that a proposal to
take a personnel action, or other preliminary step to taking a personnel
action, is discriminatory. Upon review, we find that complainant was
issued a Notice of Proposed Reduction in Grade and/or Pay on March 3,
2007. There has been no showing that complainant was actually issued a
reduction in grade and/or pay. Therefore, we find that the Notice of
Proposed Reduction in Grade and/or Pay was merely a proposal to take
a personnel action. We find that the agency properly dismissed the
complaint pursuant to 29 C.F.R. � 1614.107(a)(5). As such, we AFFIRM
the agency's final action.
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
September 13, 2007
__________________
Date
2
01200730
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120073065