01a43242
04-05-2005
Michale Redmon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Michale Redmon v. United States Postal Service
01A43242, 01A43233, 01A44469, 01A50182
April 5, 2005
.
Michale Redmon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A43242, 01A43233, 01A44469, 01A50182
Agency Nos. 1C-401-0007-04, 1C-401-0089-03, 1C-401-0023-04, 1C-401-0015-04
DECISION
Complainant timely filed four appeals with this Commission from four
agency decisions dismissing his complaints of unlawful 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. and Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq. The agency decisions in 1C-401-0007-04 and 1C-401-0089-03
were dated March 16, 2004 and the agency decisions 1C-401-0023-04 and
1C-401-0015-04 were dated May 21, 2004. EEOC Regulations allow the
Commission to consolidate two or more complaints filed by the same
complainant. See 29 C.F.R. � 1614.606. The Commission notes that
the four appeals identified below are like and related. Therefore,
the Commission consolidates Appeal Nos. 01A43242, 01A43233, 01A44469
and 01A50182.
Regarding agency no. 1C-401-0007-04, complainant alleged that he was
subjected to harassment failure to accommodate on the bases of disability,
and reprisal for prior EEO activity when:
On October 17, 2003, complainant was required to provide hard copy
documentation in order to obtain an accommodation.
On October 22, 2003, management did not provide complainant with an
instruction that accommodated his disability.
On October 24, 2003, complainant was informed that he would be required
to complete a leave request in order to receive an accommodation of
�respite time.�
Regarding agency no. 1C-401-0089-03 complainant alleged that from August
13, 2003 through
September 6, 2003, he was subjected to harassment and not provided with
reasonable accommodation on the bases of disability and reprisal when:
Remarks were made about complainant's disability.
Management did not provide complainant with an instruction that
accommodated his disability.
Regarding agency no. 1C-401-0023-04, complainant alleged that he was
subjected to harassment on the bases of disability and reprisal when:
On January 2, 2004, he was issued a �N-TOL #1 Letter of Warning.�
On January 7, 2004, he was denied a reasonable accommodation.
Regarding agency no. 1C-402-0015-04, complainant alleged that he was
subjected to discrimination based on disability and reprisal when:
On November 22, and 28, 2003, he was subjected to a hostile work
environment
On November 28, 2003, he was denied a reasonable accommodation.
The agency dismissed the claims in all four complaints pursuant to 29
C.F.R. � 1614.107(a)(1) which provides, in part, that the agency shall
dismiss a complaint that states the same claim that is pending before
or has been decided by the agency or the Commission. The agency found
that the claims in the instant complaints, continue the allegations
of continuous harassment and denial of reasonable accommodation on the
bases of disability and reprisal which are issues already ruled upon by
an EEOC Administrative Judge.
The record indicates that complainant filed previous complaints which
were consolidated by an EEOC Administrative Judge. The complaints
were identified as agency numbers 4C-400-0060-02, 4C-400-0001-03,
4C-400-0015-03, 4C-400-0024-03, 1C-401-0036-03, 1C-401-0043-03, and
1C-401-0060-03. Upon review of the record, we find that the agency's
dismissals were proper pursuant to 29 C.F.R. �1614.107(a)(1) for stating
the same claims as were ruled upon in Redmon v. USPS , EEOC Hearing
No. 240-2003-01535X (September 29, 2004).
Accordingly, the agency's decisions dismissing complainant's complaints
are 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
April 5, 2005
__________________
Date