05a30574
05-07-2003
Claudette C. Davenport, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Claudette C. Davenport v. United States Postal Service
05A30574
May 7, 2003
.
Claudette C. Davenport,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30574
Appeal No. 01A3056
Agency No. 1-K-211-0106-02
DISMISSAL OF REQUEST FOR RECONSIDERATION
Claudette C. Davenport (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Claudette C. Davenport v. United States Postal Service,
EEOC Appeal No. 01A30556 (February 20, 2003).
On August 28, 2002, complainant filed a formal complaint, alleging that
she was the victim of unlawful employment discrimination on the bases
of disability, when agency officials ignored her complaints submitted
regarding the physical stress of her job. In a final decision dated
October 10, 2002, the agency dismissed the complaint on the grounds
that it was untimely filed. The previous decision affirmed the agency's
dismissal on those grounds.
The record indicates, however, that on January 8, 2003, complainant
filed a civil action (identified as Civil Action No. AMD 03 CV 52)
in the United States District Court for the District of Maryland. The
record further discloses that the claims raised therein are the same
as those raised in the instant complaint. EEOC Regulation 29 C.F.R �
1614.409 provides that the filing of a civil action "shall terminate
Commission processing of an appeal." Commission regulations mandate
dismissal of the EEO complaint under these circumstances so as to prevent
a complainant from simultaneously pursuing both administrative and
judicial remedies on the same matters, wasting resources, and creating
the potential for inconsistent or conflicting decisions, and in order to
grant due deference to the authority of the federal district court. See
Stromgren v. Department of Veterans Affairs, EEOC Request No.05891079
(May 7, 1990); Korwitz v. USPS, EEOC Request No 05880114 (October 25,
1988). Accordingly, complainant's Request is hereby dismissed. See 29
C.F.R �1614.409.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (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
May 7, 2003
__________________
Date