01a03692_3693
06-25-2002
Anthony Gordon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Anthony Gordon v. United States Postal Service
01A03692; 01A03693
June 25, 2002
.
Anthony Gordon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A03692
01A03693
Agency Nos. 4-H-390-0052-99
4-H-390-0021-99
DECISION
Complainant timely initiated appeals from two final agency decisions
concerning his formal complaints of 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 appeals are accepted pursuant
to 29 C.F.R. � 1614.405. For the following reasons, the Commission
affirms the agency's final decisions.
The record reveals that during the relevant time, complainant was employed
as a Letter Carrier at the agency's Post Office in Jackson, Mississippi.
Complainant filed two formal complaints on August 2, 1999, alleging that
he was discriminated against on the bases of race (African-American)
and reprisal for prior EEO activity when he was suspended for seven days
on September 28, 1998 and given a notice of removal dated October 29,
1998.<1> Both complaints were accepted for investigation.
At the conclusion of the investigations, complainant was informed of
his right to request a hearing before an EEOC Administrative Judge or
alternatively, to receive final decisions from the agency. Complainant
requested that the agency issue final decisions. Consequently, the agency
issued decisions finding no discrimination. In both cases, the agency
found that, assuming complainant had established prima facie cases of
discrimination, he failed to prove that the agency's stated reasons for
its actions (i.e., complainant was suspended for seven days for using
authorized overtime hours on twelve occasions between June 25, 1998 and
September, 1999 even though he had been given a letter of warning for
the same offense on June 8, 1998; and complainant was issued a notice
of removal because he failed to deliver his entire route despite strict
instruction to do so) were concocted to mask discriminatory animus toward
his race and prior EEO activity. Complainant appealed both decisions.
Pursuant to 29 C.F.R. � 1614.606, we have opted to consolidate both
appeals for further administrative processing. On appeal, complainant
makes no new contentions and the agency requests that we affirm its
decisions.
After a careful review of the record, this Commission agrees with the
agency and finds that complainant failed to present evidence that more
likely than not, the agency's articulated reasons for its actions were
a pretext for discrimination. Accordingly, the final agency decisions
are affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (S0900)
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 (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
June 25, 2002
__________________
Date
1Each allegation was the subject of its own complaint.