OPINION OF THE HONORABLE CHARLES R. RICHEY
Before the court is defendant's motion to dismiss this employment discrimination complaint and plaintiff's opposition thereto. Defendant asserts that the action should be dismissed in its entirety pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) because plaintiff has failed to exhaust his administrative remedies, because intervening events have rendered the case moot, and because the complaint fails to state a claim upon which relief can be granted. The "intervening events" relevant to this case are plaintiff's termination by the Postal Service in December 1983 for filing false claims for unemployment benefits and his subsequent guilty plea to that charge, 18 U.S.C. § 287, on May 18, 1984. Upon consideration of the entire record, particularly plaintiff's formal and informal Equal Employment Opportunity (EEO) complaints, the court finds that some of plaintiff's claims are barred for failure to exhaust administrative remedies and that the remainder are moot because they are not compensable by this court. The complaint will therefore be dismissed.
Plaintiff's amended complaint relies on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 791.
It is premised on four formal EEO complaints filed between October 1982 and July 1983. Mr. DuVall alleges that his supervisors at the United States Postal Service engaged in a pattern of harassment and discrimination against him because of his race (mixed Hispanic and European), his color (light brown), and his physical handicap (occupational back injury). He also alleges that he was subject to reprisals for filing prior EEO complaints.
Plaintiff failed to exhaust his administrative remedies for some claims due to late EEO notification
Title VII of the Civil Rights Act of 1964, § 717, "provides for a careful blend of administrative and judicial enforcement powers." Brown v. General Services Administration, 425 U.S. 820, 833, 48 L. Ed. 2d 402, 96 S. Ct. 1961 (1976). The Rehabilitation Act requires the same administrative prerequisites as Title VII. 29 U.S.C. § 794a(a)(1). See 29 C.F.R. § 1613.708; Bey v. Bolger, 540 F. Supp. 910 (E.D. Pa. 1982). Exhaustion of available administrative remedies is a prerequisite to a federal court suit. Brown, supra; Kizas v. Webster, 227 U.S. App. D.C. 327, 707 F.2d 524, 543-46 (D.C. Cir. 1983); Shehadeh v. C & P Telephone, 193 U.S. App. D.C. 326, 595 F.2d 711, 717-18 (D.C. Cir. 1978).
The regulation applicable to plaintiff's claims provides that a complaint will be timely only if:
the complainant brought to the attention of the Equal Opportunity Counselor the matter causing him to believe he had been discriminated against within 30 calendar days of the date of that matter, or, if a personnel action, within 30 days of its effective date. . . .