01A31605_r
07-09-2003
Keith W. French, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Keith W. French v. United States Postal Service
01A31605
July 9, 2003
.
Keith W. French,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A31605
Agency No. 1K-221-0052-02
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(1) for failure
to state a claim. In a complaint dated November 19, 2002, complainant
alleged that he was subjected to discrimination on the bases of race,
color, age, and reprisal for prior EEO activity when:
On May 31, 2002, management falsely accused complainant of harassing
other employees;
On June 12, 2002, management separated complainant from his crew.
On unspecified dates, management threatened him with disciplinary action;
On an unspecified date, management failed to conduct a thorough
investigation;
On an unspecified date, the EEO Dispute Resolution Specialist violated
complainant's civil rights to due process by delaying complainant's
complaint from August 8, 2002, until November 8, 2002;
On an unspecified date, management did nothing to another employee
accused of the same allegations as complainant; and
On an unspecified date, complainant was accused of harassing the Plant
Manager.
The Commission finds that claims 1, 2, 3, 4, and 6, fail to state a claim
under the EEOC regulations because complainant failed to show that he
suffered harm or loss with respect to a term, condition, or privilege
of employment for which there is a remedy. See Diaz v. Department of
the Air Force, EEOC Request No. 05931049 (April 21, 1994). Nothing in
the record indicates complainant was subjected to any adverse employment
action, received any disciplinary measure or suffered any loss as a result
of the alleged events. Moreover, the Commission has previously held that
being subject to an internal investigation does not render an individual
aggrieved under the EEOC regulations. See Johnson v. Department of the
Navy, EEOC Request No. 05960699 (April 16, 1998); Mattocks v. Department
of the Navy, EEOC Request No. 05950549 (August 29, 1996). Accordingly,
the agency's final decision dismissing claims 1, 2, 3, 4, and 6 is proper.
If claim 5 involves the instant complaint, we find that complainant
is not aggrieved by the alleged delay in processing of his EEO matter.
If claim 5 involves the processing of a prior complaint, we find that
such a claim is properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(8).
We therefore AFFIRM the agency's decision dismissing the complaint.
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
July 9, 2003
__________________
Date