01A00767
06-27-2002
Cassandra R. Carter-Henderson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Cassandra R. Carter-Henderson v. United States Postal Service
01A00767
June 27, 2002
.
Cassandra R. Carter-Henderson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A00767
Agency No. 4F-900-0307-99
DECISION
INTRODUCTION
Complainant timely initiated an appeal from a final agency decision
(FAD) concerning her complaint of unlawful employment discrimination in
violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq. The appeal is accepted
pursuant to 29 C.F.R. � 1614.405.
ISSUE PRESENTED
The issue presented herein is whether complainant has established by
a preponderance of the evidence that the agency discriminated against
her on the basis of disability (major depression) when she was denied a
reasonable accommodation and issued a letter giving her three employment
options.
BACKGROUND
The record reveals that during the relevant time, complainant was employed
as a Carrier at the agency's Greenmead Station in Los Angeles, California.
Following a string of disturbing incidents while on mail delivery routes,
complainant was diagnosed with major depression. Complainant provided
the agency with medical documentation noting that she was limited
in performing street delivery. She also filed a claim with the
Office of Workers Compensation Programs (OWCP) which was accepted.
The agency provided complainant with work within her restriction.
When her OWCP claim was later denied because of her failure to provide
medical documentation, the agency returned complainant to full duty.
Complainant then filed a Notice of Reoccurrence of Disability with OWCP
which was also denied on September 10, 1998. Subsequently, complainant
submitted a request for a reasonable accommodation to Labor Relations
and spoke with an agency official regarding her request. On November 25,
1998, the Acting Supervisor Labor Relations Specialist (Labor Specialist)
informed the Senior Personnel Services Specialist (Personnel Specialist)
of complainant's request. On December 29, 1998, the Personnel Specialist
informed the Labor Specialist that there were no "in service" craft
vacancies available to accommodate complainant. The Labor Specialist
sent complainant an "option letter" informing her that there were no
vacancies and that the agency will initiate a separation for failure to
perform her full duties if she failed to select one of three options.
The letter provided complainant with the option to resign and withdraw
her retirement funds with no annuity, to resign with a deferred annuity,
or to apply for disability retirement.
Believing she was a victim of discrimination, complainant sought EEO
counseling and subsequently filed a formal complaint on March 3, 1999,
alleging that she was discriminated against as referenced above. At the
conclusion of the investigation, complainant was informed of her right to
request a hearing before an EEOC Administrative Judge or alternatively,
to receive a final decision by the agency. When complainant failed to
respond within the time period specified in 29 C.F.R. � 1614.108(f),
the agency issued a final decision concluding that complainant failed
to establish her claim of disability-based discrimination.
This appeal followed without comment. The agency requests that the
Commission affirm its FAD.
ANALYSIS AND FINDINGS
To bring a claim of disability discrimination, complainant must first
establish that she is an individual with a disability within the meaning
of the Rehabilitation Act. An individual with a disability is one who
has, has a record of, or is regarded as having a physical or mental
impairment that substantially limits one or more of her major life
activities. 29 C.F.R. 1630.2(g).
Major life activities include functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working. 29 C.F.R. 1630.2(i). The term "substantially
limits" means: unable to perform a major life activity that the
average person in the general population can perform; or significantly
restricted as to the condition, manner or duration under which an
individual can perform a particular major life activity as compared to
the condition, manner, or duration under which the average person in
the general population can perform that same major life activity. 29
C.F.R. 1630.2(j)(1). Factors considered in determining whether an
individual is substantially limited in a major life activity include:
the nature and severity of the impairment; the duration or expected
duration of the impairment; and the permanent or long-term impact,
or the expected permanent or long-term impact of or resulting from the
impairment. 29 C.F.R. 1630.2(j)(2).
In the case at hand, the Commission finds that complainant has failed to
establish that she is an individual with a disability for purposes of the
Rehabilitation Act. Complainant has shown that she has an impairment,
namely major depression. However, to be covered under the Rehabilitation
Act, complainant must also demonstrate that she is substantially limited
in a major life activity. The evidence provided by complainant included
notes from her physician stating that she was restricted from delivering
mail or street delivery. There is no information regarding whether
complainant's restriction extended beyond her particular work setting.
We find that complainant is not substantially limited as to the major
life activity of working. In particular, she has not shown a limitation
in working in a class of jobs or in a broad range of jobs in various
classes, only that her impairment impeded her ability to perform a
particular function of her carrier job. Nothing in the record shows
that complainant is unable to perform any job other than the one in
which she was engaged. Accordingly, complainant has failed to establish
that her impairment substantially limits her in a major life activity.
In addition, we find nothing in the record to show that complainant had
a record of having a substantially limiting impairment or that she was
regarded as having such an impairment.
CONCLUSION
Therefore, after a careful review of the record, including complainant's
contentions on appeal, the agency's response, and arguments and evidence
not specifically addressed in this decision, we affirm the FAD.
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:
______________________________
Frances M. Hart
Executive Officer
Executive Secretariat
June 27, 2002
__________________
Date