01986456
09-14-1999
Lue V. Sanders, Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Lue V. Sanders v. Department of the Treasury
01986456
September 14, 1999
Lue V. Sanders, )
Appellant, )
)
)
v. ) Appeal No. 01986456
) Agency Nos. 98-2178
) 98-2268M
Lawrence H. Summers, )
Secretary, )
Department of the Treasury, )
Agency. )
______________________________)
DECISION
On August 25, 1998, appellant filed a timely appeal of August 5 and 14,
1998 final agency decisions, which were received by appellant on August
11 and 17, 1998, respectively, dismissing her complaints, pursuant to 29
C.F.R. ��1614.107(a) and (d), for stating the same claim that is pending
before the agency, for failure to state a claim, and/or for raising the
same matter in an appeal to the Merit Systems Protection Board (MSPB).
Agency No. 98-2178:
In the August 5, 1998 final decision, the agency identified the
allegations of the April 14, 1998 complaint, as whether appellant was
discriminated against when management and agency employees provided false
statements in connection with an Inspection investigation and an EEO
counseling report involving appellant. The agency stated that appellant
previously filed an EEO complaint, Agency No. 98-2005, on October 9, 1997,
wherein she alleged that she was subjected to a hostile work environment
when on or about June 23, 1997, the agency initiated an Inspection
investigation of an allegation that in February 1997, she unlawfully
researched computerized taxpayer information and an allegation that in
March 1997, she falsified her time sheet. The agency also indicated
that during the investigation of the prior complaint, appellant indicated
that the identified agency Inspector and managerial officials made false
statements in connection with the Inspection investigation. The agency
indicated that the prior complaint was pending before the agency.
The agency further stated that appellant's allegation concerning the
agency's improper processing of her prior EEO complaints, including
Agency No. 98-2005, was not processable as a separate allegation of
discrimination.
EEOC Regulation 29 C.F.R. �1614.107(a) provides that the agency shall
dismiss a complaint or a portion of a complaint that states the same claim
that is pending before or has been decided by the agency or Commission.
Upon review, we find that the allegation in the present complaint and the
prior complaint, Agency No. 98-2005, involve the same claim concerning
appellant's Inspection investigation of June 23, 1997, which is pending
before the agency.
With regard to the allegation concerning the agency's improper processing
of appellant's prior complaints, the Commission has held that allegations
of improper processing do not state separate processable claims.
See Kleinman v. USPS, EEOC Request No. 05940579 (September 22, 1994);
Story v. USPS, EEOC Appeal No. 01965883 (March 13, 1997). When such
allegations are raised, the agency should refer the complainant to the
agency officials responsible for the quality of complaint processing,
and those individuals should earnestly attempt to resolve dissatisfaction
with the complaints process as early as possible. See EEO MD 110 (4-8).
Agency No. 98-2268M:
In the August 14, 1998 final decision, the agency identified the
allegation of the July 31, 1998 formal complaint as whether appellant
was discriminated against when she was terminated from her employment
with the agency effective June 9, 1998. The agency stated that appellant
raised the termination issue in her MSPB appeal filed on June 9, 1998.
EEOC Regulation 29 C.F.R. �1614.107(d) provides, in part, that the
agency shall dismiss a complaint or a portion of a complaint where the
complainant has previously raised the matter in an appeal to the Merit
Systems Protection Board.
Upon review, we find that the present allegation and appellant's
MSPB appeal, previously filed, involve the same matter concerning her
termination of June 9, 1998. The record indicates that the MSPB appeal
was subsequently resolved through a settlement agreement dated September
1, 1998. Accordingly, the agency's final decision is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Sept. 14, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations