Ann H. Flowers, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 4, 2007
0120074005 (E.E.O.C. Dec. 4, 2007)

0120074005

12-04-2007

Ann H. Flowers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Ann H. Flowers,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120074005

Agency No. 4J600010107

DECISION

Complainant filed a timely appeal with this Commission from the agency's

decision dated September 4, 2007, dismissing her 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., Section

501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,

29 U.S.C. � 791 et seq., and the Age Discrimination in Employment Act

of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq. 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

decided by the agency.1 In a complaint dated August 20, 2007, complainant

alleged that she was subjected to discrimination on the bases of race

(African-American), sex (female), disability (Depression/PTSD), age

(D.O.B. 01/10/42), and reprisal for prior protected EEO activity under

Title VII of the Civil Rights Act of 1964 when she learned the agency

was continuing to hire males in the maintenance department.

The Commission finds that the instant complaint is identical to an

earlier complaint, 1-J-602-0021-04. Therein the agency issued a decision

on the merits of the matter and gave complainant appeal rights to the

Commission. Instead of appealing the matter to the Commission, complainant

chose to appeal to the Merit Systems Protection Board.2 Complainant then

filed in the U.S. Court of Appeals. Because she pursued the matter

in court, the Commission declined to address a petition for review of

the MSPB decision that she filed with the Commission. In any event,

complainant apparently then filed the instant complaint which covers

the same issues as those raised in her earlier complaint. The agency's

decision is affirmed.

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

December 4, 2007

__________________

Date

1 The Commission notes that the agency's decision cites to 29 C.F.R. �

1613, which has been replaced by 29 C.F.R. � 1614.

2 Based on information in complainant's appeal, it appears she thought

she was entitled to priority consideration with respect to restoration

rights after her on the job injury, and which she thought would be

addressed under the jurisdiction of the MSPB.

??

??

??

??

2

0120074005

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0120074005