[Redacted], Demetria L., 1 Complainant,v.Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency.Download PDFEqual Employment Opportunity CommissionMar 11, 2021Appeal No. 2020000965 (E.E.O.C. Mar. 11, 2021) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Demetria L.,1 Complainant, v. Louis DeJoy, Postmaster General, United States Postal Service (Capital Metro Area), Agency. Appeal No. 2020000965 Hearing No. 531-2018-00231X Agency No. 4K-200-0032-17 DECISION On October 25, 2019, Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from a September 26, 2019 final agency action implementing an Equal Employment Opportunity Commission Administrative Judge’s (AJ) decision dismissing her equal employment opportunity (EEO) complaint because she filed a civil action on the same matter. The EEO complaint was comprised of claims of violations of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. At the time of events giving rise to this complaint, Complainant was employed by the Agency as a Sales, Services & Distribution Associate, PS-06, at the Wheaton Branch in Silver Spring, Maryland. On April 24, 2017, Complainant filed an EEO complaint alleging that the Agency discriminated against her based on her disability and reprisal for prior protected EEO activity when: (1) on or about September 10, 2016, she was pulled from duties in her limited duty Sales, Services & Distribution Associate position, and (2) after her bid for the position of Lead Sales Services 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 2020000965 2 Associate, PS-07, was provisionally awarded on December 10, 2016, on February 7, 2017, it was rescinded because management incorrectly determined she could not do the job due her medical restrictions. Complainant filed a civil action in the District Court of Maryland for Prince George’s County which on January 29, 2019, was transferred to the United States District Court for the District of Maryland and identified as Civil Action No. 8:19-cv-00270. While the civil action was against Complainant’s manager, the Court substituted the Agency as the defendant. The record further discloses that the claims raised in the civil action are the same as those raised in the instant EEO complaint. On June 12, 2019, the Court dismissed Complainant’s discrimination claims for failure to state a claim because she failed to allege facts showing she had a disability and did not explain the connection between her disability and the adverse action she experienced. EEOC regulation 29 C.F.R. § 1614.107(a)(3) requires the dismissal of an EEO administrative complaint that was the basis of a civil action decided by a United States District Court in which the complainant was a party. Such is the case here.2 The Agency’s final action adopting the AJ’s decision is AFFIRMED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0920) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). 2 In its Motion to Dismiss to the AJ, the Agency identified the incorrect EEOC Hearing and Agency case numbers. On appeal, Complainant argues that the AJ’s decision was based on these incorrect numbers. After reviewing the report of investigation and hearing record, we find the AJ’s decision was on the correct case - the one before us and identified as Agency No. 4K-200- 0032-17 and EEOC Hearing No. 531-2018-00231X. 2020000965 3 Complainant should submit his or her request for reconsideration, and any statement or brief in support of his or her request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, Complainant can submit his or her request and arguments to the Director, Office of Federal Operations, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFO receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files his or her request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. 2020000965 4 Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations March 11, 2021 Date Copy with citationCopy as parenthetical citation