Vince D.,1 Complainant,v.Megan J. Brennan, Postmaster General, United States Postal Service (Western Area), Agency.

Equal Employment Opportunity Commission

Apr 27, 2017

0520170112 (E.E.O.C. Apr. 27, 2017)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

Vince D.,1
Complainant,

v.

Megan J. Brennan,
Postmaster General,
United States Postal Service
(Western Area),
Agency.

Request No. 0520170112

Appeal No. 0120162538

Agency No. 4E-553-0028-16

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120162538 (October 28, 2016). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to reconsider any previous Commission decision where the
requesting party demonstrates 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. See 29 C.F.R. § 1614.405(c).

In his underlying complaint, Complainant claimed that he was discriminated against on the
bases of his race (African-American), sex (male), disability (neck, shoulder, bilateral
tendinitis), age (60), and in reprisal for his prior EEO activity under Section 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq., Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq., when on or around February
20, 2016, he submitted Office of Workers’ Compensation Program (OWCP) forms to the
Agency’s Northland Performance Cluster, Injury Compensation Office, and the Agency
refused to take any action on his claim.

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.
0520170112

2

In its final decision, the Agency dismissed the claim pursuant to 29 C.F.R. § 1614.107(a)(1)
on the grounds of failure to state a claim. The Agency determined that Complainant failed to
follow OWCP procedures, and that his attempt to address the issue through the EEO process
constituted a collateral attack on a matter solely within the OWCP’s jurisdiction. The Agency
explained that whether or not the Northland District is following proper OWCP procedure by
declining to endorse Complainant’s OWCP forms CA-7 and CA-7a and refer them to the
OWCP’s District Office, is a matter committed to the OWCP’s exclusive jurisdiction.

On appeal, the Commission affirmed the Agency’s dismissal of the complaint on the grounds
of failure to state a claim. In our previous decision, we stated that the EEO process is not the
proper forum for Complainant to raise a challenge as to the Agency’s Injury Compensation
Office not properly processing his claim for workers’ compensation. We explained that since
Complainant is challenging actions directly related to the adjudication of his workers’
compensation claim, he must raise such matters with the Department of Labor’s OWCP, not
within the EEO complaint process.

In his request for reconsideration, Complainant contends that his complaint does not constitute
a collateral attack on the OWCP process since the OWCP has not yet issued a decision.
Complainant points out that the OWCP requested the Agency send it forms CA-7 and CA-7a
but the Agency failed to do so. Upon review of the record, we agree with our previous finding
that this complaint constitutes a collateral attack on a matter within OWCP’s jurisdiction.

After reviewing the previous decision and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 0120162538 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610)

This decision of the Commission is final, and there is no further right of administrative appeal
from the Commission’s decision. 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.

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
0520170112

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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. 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

April 27, 2017
Date