01a02665
09-01-2000
Terry L. Whitman, Complainant, v. Rodney E. Slater, Secretary, Department of Transportation, Agency.
Terry L. Whitman v. Department of Transportation
01A02665
September 1, 2000
.
Terry L. Whitman,
Complainant,
v.
Rodney E. Slater,
Secretary,
Department of Transportation,
Agency.
Appeal No. 01A02665
Agency No. DOT-6-00-6019
DECISION
In the present case, complainant filed a formal EEO complaint claiming
that he was the victim of unlawful employment discrimination in reprisal
for prior EEO activity when an EEO Counselor in a previous case informed
him that she would be unable to further attempt resolution of his claim
because he failed to extend the thirty day period for counseling.<1>
In addition, the complainant claims that the EEO Counselor included
misleading information in the EEO Counselor's report in an effort
to discredit him. The agency, in their final decision, found that
complainant alleged dissatisfaction with the EEO process. Specifically,
the agency found that the instant complaint raised concerns regarding
an EEO Counselor during the pre-complaint stage of a previously filed
complaint.
The regulation set forth at Volume 64 Fed. Reg. 37,644, 37,656 (to be
codified and hereinafter referred to 29 C.F.R. � 1614.107(a)(8)), provides
that an agency shall dismiss a complaint that alleges dissatisfaction
with the processing of a previously filed complaint. In this case,
complainant alleged dissatisfaction with an EEO Counselor's action in
a prior complaint. EEO Management Directive 110, Chapter 5, Section
IV.D. (November 9, 1999) provides that if a complainant is dissatisfied
with the processing of his pending complaint, he should be referred to
the agency official responsible for the quality of complaints processing.
Agency officials should attempt to resolve the dissatisfaction. In cases
where the complainant's concerns have not been resolved informally with
the agency, the complainant may present those concerns to the Commission
to an Administrative Judge at a hearing, or if no hearing is requested,
on appeal from the final agency action.
Accordingly, the agency's decision dismissing the present complaint was
proper for the reasons set forth herein and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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
September 1, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.