01A32620_r
08-19-2003
Mason B. Brown, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Mason B. Brown v. Department of the Treasury
01A32620
August 19, 2003
.
Mason B. Brown,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A32620
Agency No. 03-2068
DISMISSAL
Complainant filed an appeal with this Commission from a January 30, 2003
agency decision dismissing his complaint for failure to state a claim.
In his complaint, complainant alleged that he was subjected to harassment
on the bases of sex and reprisal for prior EEO activity when:
1. On August 26, 2002, Co-worker 1 stood outside complainant's vehicle
and stared at him in a visibly irate manner and waited for him to get
out of the vehicle;
2. On August 27, 2002, a nurse verbally threatened complainant and
officially refused him further health assistance, and telling him that if
he came to the clinic she would press the panic button to call for help;
3. On August 27, 2002, Co-worker 2 yelled at him and interrogated him
for over two hours;
4. On November 18, 2002, Co-worker 3 placed the mail carry crate towards
complainant's chin and arm;
5. On November 18, 2002, two managers and other co-workers were laughing
about him; and
6. On December 4, 2002, complainant discovered his desk drawers had
been disturbed, papers rearranged, the contents moved and his timesheet
removed.
Complainant filed a civil action (identified as Civil Action No. 1 03
CV 1845) on July 1, 2003, in the United States District Court for the
Northern District of Georgia where, among other things, complainant
alleged that he was subjected to a hostile work environment. The claims
raised in complainant's complaint are inextricably intertwined with the
civil action. 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." Accordingly, complainant's appeal is DISMISSED. See 29
C.F.R. � 1614.409.
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
August 19, 2003
__________________
Date