0120111087
12-02-2011
Tamorah L. Chapman, Complainant, v. Timothy F. Geithner, Secretary, Department of the Treasury (Internal Revenue Service), Agency.
Tamorah L. Chapman,
Complainant,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury
(Internal Revenue Service),
Agency.
Appeal No. 0120111087
Agency No. IRS-10-0174-F
DISMISSAL OF APPEAL
Complainant filed a timely appeal with this Commission from the Agency's
decision dated October 6, 2010, dismissing 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. and Section 501 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq.
At the time of events giving rise to this complaint, Complainant worked
as an Internal Revenue Agent at the Agency’s facility in Baileys
Crossroads, Virginia. On February 1, 2010, Complainant filed a formal
complaint alleging that the Agency subjected her to discrimination on
the bases of sex (female), disability and reprisal (prior protected
activity) when Complainant was subjected to a hostile work environment
from March 2009 through July 2009. Complainant raised a series of events,
disciplinary actions and non-selection for promotions during the relevant
time period in support of her claim.
While the matter was pending before the Agency, on June 24,
2010, Complainant filed a civil action (identified as Civil Action
No. 1:10-cv-01081) in the United States District Court for the District
of Columbia. The matter was transferred to the U.S. District Court
for the Eastern District of Virginia and identified as 1:11cv1016.
On October 14, 2010, Complainant submitted an amendment to her pending
civil action. A review of both the original complaint and the amended
compliant, we find that the claims raised in the civil action 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. Dep’t of Veterans Affairs, EEOC
Request No. 05891079 (May 7, 1990); Sandy v. Dep’t of Justice, EEOC
Appeal No. 01893513 (October 19, 1989); Kotwitz v. U.S. Postal Serv.,
EEOC Request No. 05880114 (October 25, 1988).
Accordingly, Complainant’s appeal is hereby dismissed. See 29
C.F.R. § 1614.409.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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 29
C.F.R. § 1614.405; Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614 (EEO MD-110), at 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
77960, Washington, DC 20013. 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 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).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
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 (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
December 2, 2011
__________________
Date
2
0120111087
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120111087