01A23124
03-19-2003
Maria A. Fuentes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Maria A. Fuentes v. United States Postal Service
01A23124
03-19-03
.
Maria A. Fuentes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A23124
Agency No. 4G-752-0152-02
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 March 25, 2002, complainant
alleged that she was subjected to discrimination on the bases of race
(Hispanic), national origin (Mexican-American), sex (female), disability
(Mental Depression), age (D.O.B. 5/15/51), and reprisal for prior EEO
activity when:
on September 10, 2001, she was issued a Mandatory Order of Referral
for Settlement Conference to attend a mediation by an EEOC Chief
Administrative Judge;
on December 5, 2001, she received an erroneous and premature offer of
rehabilitation in lieu of an offer of limited duty work; and
on December 8, 2001, she received a copy of a statement from her
supervisor which disclosed private and confidential information discussed
in her mediation of September 10, 2001.
Regarding issue one, the Commission finds that complainant specifies
no cognizable harm by mandatory participation in a mediation intended
to help resolve her dispute. With respect to issue two, the Commission
finds that what complainant is challenging comes exclusively under the
purview of the Department of Labor's Office of Workers Compensation
Programs, which has sole authority when determining whether offers are
premature and other matters involving workers' compensation benefits.
Concerning issue three, the Commission has long determined that claims
pertaining to the release of purportedly confidential information are
properly addressed under the statutory framework of the Privacy Act,
not through the EEO process. Therefore, the Commission finds that
the complaint fails to state a claim under the EEOC regulations because
complainant failed to show that she 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). Accordingly, the agency's final decision dismissing
complainant's complaint 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
____03-19-03______________
Date