05A30021_r
12-16-2002
Kathy Smith, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Kathy Smith v. United States Postal Service
05A30021
December 16, 2002
.
Kathy Smith,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30021
Appeal No. 01A15238
Agency No. 1J-461-0068-01
DISMISSAL OF REQUEST FOR RECONSIDERATION
The United States Postal Service (agency) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Kathy Smith v. United States Postal Service,
EEOC Appeal No. 01A15238 (September 12, 2002).
On June 3, 2002, complainant filed a civil action (identified as Civil
Action No.IP02-0864 C B/S) in the United States District Court for
the Southern District of Indiana. 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 the 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).
Because the processing of complainant's appeal is therefore terminated,
the agency's request for reconsideration is 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
__________________
Date