2024004578•EEOC Appeal 2024004578
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Royce O.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Headquarters), Agency. Appeal No. 2024004578 Hearing No. 440-2024-00175X Agency No. 6A-150-0001-24 DECISION Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s final order concerning his equal employment opportunity (EEO) complaint of 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 the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. For the following reasons, we AFFIRM the Agency’s final order. At the time of events giving rise to this complaint, Complainant was employed by the Agency as an Equal Employment Opportunity (EEO) Alternative Dispute 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website.
2024004578 2 Resolution (ADR) Specialist, EAS-19, at the U.S. Postal Service, Illinois 2nd District in Chicago, Illinois. Complainant initially initiated EEO contact on February 27, 2023, after the Agency, in relevant part, proposed to remove him from federal service. Following the implementation of the proposed removal on April 10, 2023, Complainant included the removal claim as part of his EEO complaint, which the Agency docketed under Agency No. 6X-490-0004-23 (Complaint 1). The Agency subsequently investigated Complaint 1, and after Complainant made no election, issued a final decision on the merits of the complaint, finding no discrimination. Complainant did not appeal this decision to the Commission. However, he filed a separate grievance under Part 652 of the Postal Service’s Employee and Labor Relations Manual, challenging the Agency’s removal action. Complainant ultimately received a Letter of Decision regarding his grievance on August 31, 2023, that upheld the Agency’s April 10, 2023, removal action. On November 25, 2023, Complainant filed the instant EEO complaint (Complaint 2) alleging the Agency subjected him to discrimination based on race (African American), sex (lesbian, gay, bisexual, transgender and male), color (black), and age (over 40) when on August 31, 2023, his appeal of the Letter of Decision removing him from the Agency, issued on April 10, 2023, was denied. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge (AJ). Complainant requested a hearing. Following the initial conference, the AJ ordered the parties to clarify the scope of the hearing request, namely whether the removal action that was previously raised in Complaint 1 or the appeal of the Letter of Decision in Complaint 2 was before the AJ. After reviewing the parties’ responses, the AJ issued a decision on July 18, 2024, finding that Complainant’s allegation in Complaint 2 constituted a collateral attack on the grievance process. The Agency subsequently issued a final order, implementing the AJ’s decision. The instant appeal followed. While Complainant argues on appeal that the AJ improperly narrowed the scope of his complaint, we ultimately agree with the AJ that the complaint regarding the denial of his appeal regarding his removal through the grievance process constitutes
2024004578 3 an impermissible collateral attack on the grievance process. Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M1125) The Commission may, in its discretion, reconsider this appellate decision if Complainant or the Agency submits a written request that contains arguments or evidence that 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 for reconsideration must be filed with EEOC’s Office of Federal Sector (OFS) within thirty (30) calendar days of receipt of this decision. If the party requesting reconsideration elects to file a statement or brief in support of the request, that statement or brief must be filed together with the request for reconsideration. A party shall have twenty (20) calendar days from receipt of another party’s request for reconsideration within which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). Complainant should submit their request for reconsideration, and any statement or brief in support of their request, via the EEOC Public Portal, which can be found at https://publicportal.eeoc.gov/Portal/Login.aspx. Alternatively, Complainant can submit their request and arguments to the Director, Office of Federal Sector, Equal Employment Opportunity Commission, via regular mail addressed to P.O. Box 77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, a complainant’s request to reconsider shall be deemed timely filed if OFS receives it by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604.
2024004578 4 An agency’s request for reconsideration must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either party’s request and/or statement or brief in opposition must also include proof of service on the other party, unless Complainant files their request via the EEOC Public Portal, in which case no proof of service is required. Failure to file within the 30-day time period will result in dismissal of the party’s request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted together with the 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(f). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124) 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 their 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 (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission.
2024004578 5 The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: T. Gimbrere __________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 15, 2026 Date
Ti chiedi come si applica questo testo alla tua situazione?
Consulenza gratuita, senza impegno
Descrivi la tua situazione. Il nostro team ti ricontatterà via e-mail per la tua consulenza.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.