01a55457
12-22-2005
Julius Sims, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Julius Sims v. United States Postal Service
01A55457
December 22, 2005
.
Julius Sims,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A55457
Agency No. 4H-300-0287-03
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated July 12, 2005, 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. In his
complaint, complainant alleged that he was subjected to discrimination
on the basis of reprisal for prior EEO activity when:
On September 11, 2003 he became aware that two management officials
provided false information to law enforcement officials in a State
criminal proceeding against him.
The agency dismissed the claim pursuant to 29 C.F.R. � 1614.107(a)(1)
for failure to state a claim, finding that the claim was an attempt
to lodge a collateral attack against another proceeding in the State
Court system. The Commission, however finds that the claim is more
properly analyzed as to whether the complaint states the same claim as
an issue that was addressed in another claim currently on appeal before
this Commission under EEOC Appeal No. 07A50073. In that case the agency
appealed an EEOC Administrative Judge's (AJ) finding of discrimination
based on race, color, and sex when complainant was issued a Notice of
Indefinite Suspension - Crime Situation and was charged with improper
off-duty conduct. The issue of whether or not the same two management
officials provided false information to law enforcement officials
regarding the same alleged criminal conduct was addressed in the AJ's
decision. While we recognize that in the present complaint, complainant
alleges discrimination based on reprisal, while alleging discrimination
based on race, color, and sex in his other complaint, it is well settled
that a complaint which states the same facts as a previous complaint,
but alleges discrimination on additional bases, will be deemed identical
to the earlier complaint and dismissed. Robbins v. United States Postal
Service, EEOC Request No. 01830664 (November 9, 1983). Accordingly, the
agency's final decision dismissing complainant's complaint 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 22, 2005
__________________
Date