01A31471_r
03-20-2003
Mahla Dreiband, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Mahla Dreiband v. Department of Justice
01A31471
March 20, 2003
.
Mahla Dreiband,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A31471
Agency Nos. I-98-H-035, I-98-H-013, I-98-H-022, I-99-H-031
Hearing Nos. 100-99-8249X, 100-A0-7003X
DISMISSAL OF APPEAL
Complainant filed a timely appeal with this Commission from the final
agency decision dated May 22, 2002, regarding her consolidated complaints
of 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 her
complaints, complainant alleged that she was subjected to discrimination
on the bases of national origin (Iranian) and reprisal when:
On June 15, 1998, complainant was placed on a 90-day performance work
plan;
Between March 1998 and August 1998, complainant was treated differently
than co-workers regarding performance counseling, supervision, and
leave approval;
Complainant's transfer request was denied;
In October 1998, complainant was required to leave notes at her desk
when she was leaving her desk;
Complainant was denied sick leave;
Complainant's co-workers were told not to have any contact with her;
On January 8, 1999, the agency refused to restore complainant's workers'
compensation claim and sick leave.
The agency attempted to create conflict between complainant and her
co-workers;
Complainant was denied training inside and outside INS without
explanation;
Complainant was denied promotion to a GS-13 position;
In 1999, complainant was denied a transfer.
On January 23, 2003, complainant filed a civil action (identified as
Civil Action No. 1:03CV00109 - EGS) in the United States District Court
for the District of Columbia. The record further discloses that the
claims raised therein encompass the same claims raised in the instant
consolidated complaints. The regulation found at 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); Sandy v. Department of Justice, EEOC Appeal No. 01893513 (October
19, 1989); Kotwitz v. USPS, EEOC Request No. 05880114 (October 25, 1988).
Accordingly, complainant's appeal is hereby DISMISSED.
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
March 20, 2003
__________________
Date