Cordia M. Ford, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 26, 2001
05A00394_r (E.E.O.C. Jul. 26, 2001)

05A00394_r

07-26-2001

Cordia M. Ford, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Cordia M. Ford v. United States Postal Service

05A00394

July 26, 2001

.

Cordia M. Ford,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00394

Appeal No. 01991197

Agency No. 4-H-300-0331-98

DENIAL OF REQUEST FOR RECONSIDERATION

The agency initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Cordia

M. Ford v. United States Postal Service, EEOC Appeal No. 01991197

(January 27, 2000). EEOC Regulations provide that the Commission may,

in its discretion, reconsider any previous Commission decision where the

requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).

After a review of the agency's request for reconsideration, the

previous decision, and the entire record, the Commission finds that the

request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it

is the decision of the Commission to deny the request. The decision

in EEOC Appeal No. 01991197 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

ORDER

The agency is ORDERED to process complainant's complaint in accordance

with 29 C.F.R. �1614 and instructions in this decision. Specifically,

the agency shall:

(1) Schedule in writing a meeting between complainant and an EEO

Counselor so an agreement can be reached on the issues in complainant's

September 3, 1998 complaint, including dates of occurrence and the

specific incidents and individuals involved. After the meeting(s),

the Counselor must issue a new Counselor's report concerning the

meeting(s), defining the complaint and distinguishing live claims

from those intended as background information intended to support the

live claims. Complainant shall be permitted to clarify her complaint,

however, she shall not be permitted to raise new claims. Further,

the agency shall not require complainant to refile her September 3,

1998 complaint.

(2) If an agreement can be reached on the claims in complainant's

complaint, the agency shall then issue to complainant a letter of

acceptance. If, however, an agreement cannot be reached on a definition

of the issues in complainant's complaint, then the agency shall issue

a FAD defining the complaint, with appeal rights to the Commission.

Such a FAD must explicitly define all the claims in the complaint, i.e,

the agency shall not dismiss claims de facto, by failing to define or

address claims

(3) If the agency intends to dismiss complainant's complaint in its

entirety, it must do so

in a new final agency decision, with appeal rights to the Commission,

stating all legal

grounds, facts, and documents relied upon. The agency may not dismiss

complainant's

complaint in part. If the agency does not intend to accept all of

complainant's claims for Investigation, the agency shall proceed in

accordance with the Commission's revised regulations set fort at 64

Fed. Reg. 37,656 (to be codified and hereinafter referred to as 29

C.F.R. � 1614.107(b)). Moreover, the agency shall ensure that all

relevant, as well as referenced, documents are produced and made a

part of the record in this case. The agency shall issue but one final

decision with regard to both the definition of the claims and bases of

alleged discrimination, and any dismissal of complainant's complaint.

(4) The agency shall complete all the above ordered actions, including

issuance of the final decision, within ninety (90) calendar days

of the date that this decision becomes final.

A copy of the agency's letter to complainant arranging a meeting with

an EEO Counselor, and a copy of the acceptance letter and/or FAD issued

pursuant to the above ORDER must be sent to the Compliance Officer as

referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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

July 26, 2001

__________________

Date