01a44643
03-10-2005
Nanette G. Love, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Nanette G. Love v. United States Postal Service
01A44643
March 10, 2005
.
Nanette G. Love,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A44643
Agency No. 1C-272-0021-03
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated May 13, 2004, dismissing her complaint of unlawful
employment discrimination pursuant to 29 C.F.R. � 1614.107(a)(3), on the
grounds that the claims raised therein were the basis of a civil action
filed in the United States District Court.
In the instant formal complaint, filed on June 12, 2003, complainant
claimed that she was subjected to discrimination on the bases of race,
sex, and in reprisal for prior EEO activity when between 1996 and 1997
and up until 2001, she was sexually harassed by a named manager when: 1)
he did not offer her an Acting Supervisor position; 2) he rubbed her on
the back while congratulating her for teaching juveniles in a ceramic
class; 3) on April 3, 2001, he attempted to be alone with her after an
accident; and, 4) he stared and constantly leered at her by placing her
in a position where he could see her from his doorway.
On August 6, 2003, complainant filed a civil action (identified as
Civil Action No. 1103CV00746) in the United States District Court for
the Middle District of North Carolina. The record further discloses
that the matter raised in the instant EEO complaint is encompassed in
the matter raised in complainant's civil action.
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
March 10, 2005
__________________
Date