0120083084
09-12-2008
Prashant Katyal, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Prashant Katyal,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120083084
Agency No. 1F957003608
DECISION
Complainant filed a timely appeal with this Commission from the agency's
decision dated May 30, 2008, dismissing his complaint 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.
At the time of the events at issue, complainant was employed by the agency
as a Clerk at the Sacramento, California Processing and Distribution
Center. Complainant had filed a previous EEO complaint against
the agency, identified as Agency Case No. 1F-957-0047-05, which was
settled between the parties on September 10, 2007, by written agreement.
Therein, complainant agreed, among other things, to certain procedures
for reporting absences, including providing certain medical documentation
in specified circumstances. Complainant received $25,000 as part of
the settlement agreement. The agreement also informed complainant that
should a dispute arise regarding the implementation of the agreement,
he would contact the Manager of the EEO Compliance and Appeals.
On May 21, 2008, complainant filed another EEO complaint, the one at issue
in the instant appeal. In its final decision, the agency characterized
this complaint as follows: complainant alleged that he was subjected
to discrimination on the bases of race (Indian), sex (male), religion
(not specified), color (not specified), disability (shoulder/back), and
reprisal for prior protected EEO activity when, on or about April 10,
2008, he was issued a notice to provide documentation related to the
settlement agreement in Agency Case. No. 1F-957-0047-05. The agency
dismissed this complaint pursuant to 29 C.F.R. � 1614.107(a)(8) as a
claim alleging dissatisfaction with the processing of a prior complaint.
The agency reasoned that complainant was now dissatisfied with being
required to comply with the terms of September 2007 agreement that
settled his prior complaint. On appeal, the agency further argued that
to the extent that complainant was asserting some sort of breach of the
agreement by the agency, the appropriate avenue to raise this concern
is through the mechanism specifically provided for in the agreement,
as well as the procedures outlined in 29 C.F.R. � 1614.504.
After careful review of the record, we determine that the agency
has improperly characterized the nature of complainant's current
EEO complaint. An examination of the complaint in conjunction with
the related pre-complaint materials reveals that rather than a claim of
dissatisfaction with the terms of the September 2007 settlement agreement,
complainant is now claiming discrimination and retaliation when his
medical insurance was wrongfully terminated by the agency and not
reinstated, he was ordered to provide additional medical documentation
which he could not get because he had no medical insurance, he was placed
in AWOL status beginning on March 22, 2008, and he was threatened with
additional disciplinary action. Further, complainant seems to allege
that even after providing the requested medical information to the agency,
it refused to bring him back to work.
The Commission finds that the complaint stated a claim under the EEOC
regulations because complainant failed to show that he 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). The Commission notes that
the agency cannot use the September 2007 settlement agreement as a means
to bar complainant from raising prospective issues. Accordingly, the
agency's final decision dismissing complainant's complaint is reversed.
ORDER (E0408)
The agency is ordered to process the remanded claims, as redefined
by this decision, in accordance with 29 C.F.R. � 1614.108 et seq.
The agency shall acknowledge to the complainant that it has received
the remanded claims within thirty (30) calendar days of the date this
decision becomes final. The agency shall issue to complainant a copy
of the investigative file and also shall notify complainant of the
appropriate rights within one hundred fifty (150) calendar days of the
date this decision becomes final, unless the matter is otherwise resolved
prior to that time. If the complainant requests a final decision without
a hearing, the agency shall issue a final decision within sixty (60)
days of receipt of complainant's request.
A copy of the agency's letter of acknowledgment to complainant and a
copy of the notice that transmits the investigative file and notice of
rights must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0408)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (R0408)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0408)
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
September 12, 2008
__________________
Date
2
0120083084
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
4
0120083084