01982511
03-04-1999
Faye A. Sepentzis, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Faye A. Sepentzis v. United States Postal Service
01982511
March 4, 1999
Faye A. Sepentzis, )
Appellant, )
)
v. ) Appeal No. 01982511
) Agency No. 4-H-370-0253-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DECISION
INTRODUCTION
Appellant filed an appeal with this Commission from a final decision of
the agency concerning her complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. �2000e et seq. The final agency decision was received by
appellant on February 4, 1998. The appeal was postmarked February 11,
1998. Accordingly, the appeal is timely (see, 29 C.F.R. �1614.402(a)),
and is accepted in accordance with EEOC Order No. 960, as amended.
ISSUE PRESENTED
The issue on appeal is whether the agency properly dismissed three
allegations in appellant's complaint for stating the same claims that
were pending before the agency.
BACKGROUND
The record indicates that on August 14, 1997, appellant, a Customer
Service Manager, EAS 16, contacted an EEO Counselor alleging
discrimination based on sex (female) and in reprisal for prior EEO
activity when: on August 11, 1997, an identified male supervisor was
sent to Knoxville to be trained, and she was not, for operation of the
Carroll Reese Station, which was a station previously assigned to her
until the Postmaster took the station away from her and assigned it to
the identified supervisor; the Postmaster blamed her for the overrun in
the Customer/Window Service budget; and during the time the identified
supervisor was in training in Knoxville, he was replaced by a 204B
acting supervisor, but she was not allowed such replacement when she was
scheduled out of the office. Unable to resolve the matters informally,
appellant filed a formal complaint dated September 12, 1997.
On February 2, 1998, the agency issued a final decision defining the
allegations in the complaint as whether appellant was discriminated
against when: (1) on August 11, 1997, she was not sent to Knoxville for
training; (2) she was not replaced when scheduled out of the office;
(3) audits were not performed properly at Carroll Reese in 1996;
and (4) she was blamed for the budget overrun for Customer Service.
The agency accepted the allegation concerning the denial of the August
11, 1997 training for investigation. The agency dismissed the remaining
allegations for stating the same claims that were pending before the
agency under Agency Nos. 4-H-370-1243-96 and 4-H-370-0133-97, filed on
October 10, 1996 and March 19, 1997, respectively.
The record indicates that in Agency No. 4-H-370-1243-96, appellant
alleged that on August 22, 1996, the approval for her request for
leave was delayed; false information concerning customer complaint(s)
was being recorded on Customer Service Cards; and no Relief Supervisor
would do work when she was on leave. In Agency No. 4-H-370-0133-97,
appellant alleged that on March 19, 1997, she was not notified of an
audit being done in her Gray Post Office.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. �1614.107(a) provides that the agency shall
dismiss a complaint or a portion of a complaint that states the same claim
that is pending before or has been decided by the agency or Commission.
Upon review, we find that allegation (2) was also raised in appellant's
previous complaint, Agency No. 4-H-370-1243-96: namely, the denial
of a replacement when she was out of the office. We, find, however,
that allegations (3) and (4), concerning appellant's being subjected to
audits at Carroll Reese Post Office and blamed for the budget overrun
for Customer Service, and appellant's previous complaints, Agency
Nos. 4-H-370-1243-96 and 4-H-370-0133-97, did not involve the same claims.
Based on the foregoing, the agency's final decision is MODIFIED.
CONCLUSION
The agency's decision to dismiss allegation (2) for stating the same
claim that was pending before the agency was proper and is AFFIRMED.
The agency's decision to dismiss allegations (3) and (4) for stating
the same claims that were pending before the agency was improper and is
REVERSED. Allegations (3) and (4) are REMANDED to the agency for further
processing in accordance with this decision and applicable regulations.
ORDER (E1092)
The agency is ORDERED to process the remanded allegations in accordance
with 29 C.F.R. �1614.108. The agency shall acknowledge to the appellant
that it has received the remanded allegations within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue to
appellant a copy of the investigative file and also shall notify appellant
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 appellant requests a final decision
without a hearing, the agency shall issue a final decision within sixty
(60) days of receipt of appellant's request.
A copy of the agency's letter of acknowledgement to appellant 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 (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503(a). The appellant 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. ��1614.408, 1614.409, and 1614.503(g). Alternatively,
the appellant 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. ��1614.408 and 1614.409. 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) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (T0993)
This decision affirms the agency's final decision in part, but it also
requires the agency to continue its administrative processing of a
portion of your complaint. You have the right to file a civil action
in an appropriate United States District Court on both that portion of
your complaint which the Commission has affirmed AND that portion of the
complaint which has been remanded for continued administrative processing.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 your appeal with the
Commission, until such time as the agency issues its final decision
on your complaint. 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 (Z1092)
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:
Mar 4, 1999
DATE Ronnie Blumenthal, Director
Office of Federal Operations