0520120059
12-20-2011
Darwin M. Nealy, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Darwin M. Nealy,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520120059
Appeal No. 0120112220
Agency No. 4G-780-0044-11
DENIAL
The facts and procedural background are set forth in the previous
decision and are incorporated herein by reference. We note, however, the
following salient facts: on March 12, 2011, Complainant filed a timely
appeal with the Commission from a final Agency decision dated March 2,
2011, dismissing his complaint of unlawful employment discrimination.
Specifically, Complainant alleged that he was discriminated against on
the bases of race (African-American), disability (unspecified), age (48)
and reprisal for prior protected EEO activity when on November 3, 2010,
he received a Notice of 14 Day Suspension (No Time-Off) dated October
3, 2010.
The previous decision found that although the complaint was dismissed
for failing to state a claim, the more proper analysis was whether the
Agency’s reduction of the Notice of 14 Day Suspension to a discussion
rendered the matter moot. The previous decision, among other things,
found that the matter was not moot because Complainant had requested
compensatory damages. The Agency’s dismissal was reversed and the
complaint was remanded for processing. Nealy v. USPS, EEOC Appeal
No. 0120112220 (August 26, 2011).
Subsequently, on October 18, 2011, Complainant, by letter, notified the
Commission that the Agency should be sanctioned for not providing him
with requested information and that the investigator failed to conduct a
“good faith” inquiry.1 Upon its receipt, Complainant’s letter was
erroneously docketed as a request for reconsideration. Because neither
Complainant nor the Agency have requested that the previous decision
be reconsidered, we are DISMISSING EEOC Request No. 0520120059.
The decision in EEOC Appeal No. 0120112220 remains the Commission's
decision. There is no further right of administrative appeal on the
decision of the Commission on this request. The Agency will comply with
the ORDER set forth in the previous decision.
ORDER
The Agency is ordered to process the remanded claim that Complainant was
discriminated against based on his race (African-American), disability,
age (48), and reprisal for prior protected EEO activity when on November
3, 2010, he received a Notice of 14 Day Suspension (No Time-Off) dated
October 3, 2010, in accordance with 29 C.F.R. § 1614.108. 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 (K0610)
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 77960, Washington, DC
20013. 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.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (R0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
____12/20/11______________
Date
1 Complainant’s contentions regarding the Agency’s investigation
should be brought to the attention of the appropriate Agency official
responsible for the quality of the EEO complaint process.
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0520120059
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520120059