01A10071_r
04-30-2002
Karen T. Piscopo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Karen T. Piscopo v. United States Postal Service
01A10071
April 30, 2002
.
Karen T. Piscopo,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A10071
Agency No. 1A-111-0063-99
Hearing No. 160-A0-8381X
DECISION
Complainant filed a timely appeal with this Commission from a final
agency decision (FAD) dated September 8, 2000, 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.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. The Commission accepts the appeal
in accordance with 29 C.F.R. � 1614.405.
Believing she was a victim of discrimination based on race, national
origin, sex, color and disability, complainant contacted the EEO office.
Informal efforts to resolve her concerns were unsuccessful.
On June 23, 1999, complainant filed a formal complaint. Therein,
complainant claimed that she was discriminated against on April 9, 1999,
when she was denied copies of paperwork submitted to the Department of
Labor's Office of Workers' Compensation Programs (OWCP) in connection
with her injury compensation claim. Following an investigation, the
agency informed complainant of her right to request a hearing before
an EEOC Administrative Judge (AJ) or alternatively, to receive a FAD.
By letter dated March 1, 2000, complainant requested a hearing.
The AJ issued a decision without a hearing dated September 6, 2000,
dismissing complainant's complaint for failure to state a claim, finding
that the matter raised in the instant complaint was a collateral attack
on an OWCP claim. On September 8, 2000, the agency implemented the AJ's
decision in its final action.
The Commission has consistently held that matters related to injuries
sustained on the job come under the jurisdiction of the Department
of Labor. We find that the proper forum for complainant to raise her
concerns was with the OWCP itself. It is in appropriate to use the
EEO process to collaterally attack matters that concern the handling
of an OWCP claim. Adams v. United States Postal Service, EEOC Request
No. 01980922 (October 16, 1998).
Accordingly, the agency's decision to fully implement the AJ's dismissal
decision was proper and 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
April 30, 2002
__________________
Date