PAULA COOME, PETITIONER, v. MICHAEL J. ASTRUE, COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, AGENCY. Petition No. 0420130009 Appeal No. 0720120010 Hearing No. 443-2010-00118X Agency No. DEN-09-0776-SSA DISMISSAL OF A PETITION FOR ENFORCEMENT The Equal Employment Opportunity Commission (EEOC or Commission) docketed a petition for enforcement to examine the enforcement of an Order set forth in Paula Coome v. Social Security Administration, EEOC Appeal No. 0720120010 (October 12, 2012). Petitioner alleged that the Agency failed to fully comply with the Commission's order regarding relief. BACKGROUND At the time of events giving rise to this complaint, Petitioner worked as a Contact Representative at the Agency's Sioux Falls facility in Sioux Falls, South Dakota. Petitioner filed a complaint in which she alleged that the Agency discriminated against her on the bases of sex (female), age (over 40), and in reprisal for prior protected EEO activity. The Agency declined to implement the relief awarded by the EEOC Administrative Judge (AJ) and appealed the award of remedies to the Commission. In EEOC Appeal No. 0720120010, the Commission modified the remedies award and ordered the Agency to provide relief to Complainant. The Commission ordered the Agency to change Complainant's performance appraisal for 2009; pay Complainant an appropriate award, bonus, salary increase for 2009; provide training for the responsible management officials identified in Complainant's complaint; remove any adverse documentation from Complainant's personnel files and make appropriate changes to Complainant's personnel documents regarding awards, bonuses and salary increases; and to consider appropriate discipline for the responsible management officials. On January 17, 2013, Petitioner submitted the petition for enforcement at issue. Petitioner contends that the Agency failed to provide the relief ordered by the Commission. The Agency contends that on October 4, 2012, Complainant filed a civil action (identified as Civil Action No. CIV. 12-4171-KES) in the United States District Court for the South Dakota, Southern Division. The Agency notes that the claims raised therein encompass the same claims raised in the instant complaint. Petitioner states that the civil action involves claims raised in other complaints filed in the EEO complaints process, but only the Agency appealed the AJ's Decision at issue in EEOC Appeal No. 0720120010, while she did not. ANALYSIS AND FINDINGS 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). In the instant case, we find a fair reading of the complaint filed October 4, 2012, in the civil action identified herein, describes the same claims of discrimination as those articulated in Agency No. DEN-09-0776-SSA.1 We find the civil action similarly alleges violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. We find that upon the filing of the civil action on October 4, 2012, the Commission's jurisdiction over the complaint ceased and the Commission was without authority to render any decision upon the complaint thereafter, nor to enforce the decision rendered by the EEOC. In the absence of any order to the contrary, Petitioner's filing of the civil action pursuant to 29 C.F.R. § 1614.409 placed Petitioner's complaint (Agency case number DEN-09-0776-SSA) under the jurisdiction of the U.S. District Court. CONCLUSION Accordingly, Petitioner's petition for enforcement is dismissed. See 29 C.F.R. § 1614.409. COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610) 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 (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 July 26, 2013 Footnotes 1 1. The Commission notes that the civil action includes additional allegations of discrimination that were not articulated in Agency No. DEN-09-0776-SSA.