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