05a00229
08-13-2002
Lynn D. Abernethy, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Lynn D. Abernethy v. Department of the Treasury
05A00229
8/13/02
.
Lynn D. Abernethy,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A00229
Appeal Nos. 01956335, 01982194, 01984883
Agency Nos. 92-2174, 92-2176, 92-2361, 93-2391, 94-2157, 94-1156,
94-1264, 97-1158
Hearing Nos. 110-94-8275X, 110-94-8385X, 110-94-8389X, 110-94-8341X,
110-94-8351X, 110-07-8095X, 110-97-8096X, 110-97-8297X
DISMISSAL
Complainant filed eight formal complaints alleging 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., the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.,
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.
On November 6, 1998, complainant filed a civil action (identified as
Civil Action No. 1 98-CV 3261) in the United States District Court
for the Northern District of Georgia, Atlanta Division. The record
further discloses that the claims raised therein are the same as those
raised in the instant complaint. The regulation found at 29 C.F.R. �
1614.409 provides that the filing of a civil action "shall terminate
Commission processing of the appeal." Commission regulations mandate
dismissal of the EEO complaint under these circumstances so as to prevent
a complainant from simultaneously pursuing both administrative and
judicial remedies on the same matters, wasting resources, and creating
the potential for inconsistent or conflicting decisions, and in order
to grant due deference to the authority of the federal district court.
See Stromgren v. Department of Veterans Affairs, EEOC Request No. 05891079
(May 7, 1990); Sandy v. Department of Justice, EEOC Appeal No. 01893513
(October 19, 1989); Kotwitz v. USPS, EEOC Request No. 05880114 (October
25, 1988). Accordingly, complainant's appeal is hereby dismissed.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
8/13/02
Date