Araceli C. Wright, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 14, 2001
01996335_r (E.E.O.C. Nov. 14, 2001)

01996335_r

11-14-2001

Araceli C. Wright, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Araceli C. Wright v. United States Postal Service

01996335

November 14, 2001

.

Araceli C. Wright,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01996335

Agency No. 4-G-730-0013-97

Hearing No. 310-99-5299X

DECISION

Complainant timely initiated an appeal from the agency's final decision

concerning her equal employment opportunity (EEO) complaint 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 appeal

is accepted pursuant to 29 C.F.R. � 1614.405. Complainant claims

that she was discriminated against on the bases of race (Hispanic),

national origin (Hispanic), and sex (female) when, on September 7,

1996, complainant received notification that her transitional employee

(TE) contract would not be renewed. For the reasons described below,

the Commission affirms the agency's final decision.

The record reveals that complainant, a TE letter carrier at the agency's

Westside Station facility, filed the instant formal EEO complaint with

the agency on or about December 19, 1996. At the conclusion of the

investigation, complainant received a copy of the investigative report

and requested a hearing before an EEOC Administrative Judge (AJ).

Following a hearing, the AJ issued a recommended decision finding

no discrimination. The AJ concluded that the agency articulated a

legitimate, nondiscriminatory reason for failing to renew complainant's

TE contract, thereby meeting its burden of production. According to the

agency, pursuant to an agreement with the unions, including the union

to which complainant belonged, as the agency became more automated,

TEs were to be phased out and their contracts not renewed.

The AJ found that complainant did not establish by a preponderance of

the evidence that the agency's articulated reason was a pretext to mask

unlawful discrimination. In trying to establish

pretext, complainant attempted to show that her supervisor was biased

against her for discriminatory reasons and that other TEs were retained

after complainant was given notice that her contract would not be renewed.

In reaching the conclusion that complainant did not establish pretext,

the AJ found that complainant's supervisor gave her an outstanding final

evaluation and attempted to find complainant another job in the agency

after her TE contract was not renewed. Additionally, the AJ found that

complainant's supervisor had no influence over whether complainant or

the other TEs were retained.

The agency's final decision implemented the AJ's recommended decision.

On appeal, complainant contends that the AJ erred when he failed to

weigh and consider the evidence as presented at the hearing. Complainant

restates arguments previously made at the hearing, including her assertion

that the agency retained other TEs after complainant's TE contract was

not renewed. The agency submitted no brief or documents in response to

complainant's statement on appeal.

The Commission will uphold all post-hearing factual findings by an AJ

if supported by "substantial evidence" in the record. See 29 C.F.R. �

1614.405(a). Substantial evidence is defined as "such relevant evidence

as a reasonable mind might accept as adequate to support a conclusion."

Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474,

477 (1951) (citation omitted). A finding regarding whether or not

discriminatory intent existed is a factual finding. See Pullman-Standard

Co. v. Swint, 456 U.S. 273, 293 (1982).

After a careful review of the record, the Commission finds that the

AJ's decision properly summarized the relevant facts and referenced the

appropriate regulations, policies, and laws. We find no basis to disturb

the AJ's decision. Complainant has failed to show by a preponderance

of the evidence that the agency's action was motivated by prohibited

discrimination.

Therefore, we AFFIRM the agency's final decision finding no

discrimination.

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

November 14, 2001

__________________

Date