01981885
11-25-1998
Cornelius Towns, III, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (SE/SW Region), Agency
Cornelius Towns, III v. United States Postal Service
01981855
November 25, 1998
Cornelius Towns, III, ) Appeal No. 01981855
Appellant, ) Agency No. 1-G-754-1065-95
v. ) Hearing No. 310-97-5212X
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(SE/SW Region), )
Agency )
DECISION
Appellant timely appealed to this Commission from a final agency decision
("FAD") concerning his complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. �2000e et seq. The appeal is accepted pursuant to the provisions
of EEOC Order No. 960, as amended.
The issue presented is whether appellant was subjected to discrimination
on the bases of his sex, race (Black) and color (dark) when he was
allegedly provided with inadequate medical treatment after an on-the-job
injury.
Appellant, a Mail Processor, PS-04, was injured on duty when hit in the
head and right shoulder areas by a heavy gate. Appellant went to the
agency's Health Unit, where the nurse found tenderness and swelling,
but no break in the skin or discoloration. An ice pack was applied.
Appellant's speech, pupils, coordination, blood pressure, respiration
and pulse were observed and found to be within normal limits. Appellant
slept for a short period and then returned to his station. He declined
the nurse's offer to send him to a contract clinic. After returning
to his station, appellant responded in the negative to his supervisor's
suggestion that he go to a hospital, but stated that he wanted to go home.
However, he declined his supervisor's offer to call for someone to come
get him. As appellant was driving down the exit road, he apparently lost
consciousness and his truck struck the entry gate to the parking lot.
Appellant was then taken to the hospital by ambulance.
Appellant timely sought counseling and filed his instant formal EEO
complaint, which was accepted and processed by the agency. Appellant
requested a hearing before an EEOC Administrative Judge ("AJ"), and on
October 14, 1997, the AJ issued a recommended decision ("RD") finding no
discrimination. The AJ noted that only one of the comparative employees
cited by appellant was under the same supervisor. This employee did
not refuse an offer to be taken to the hospital. In addition, the
investigative report reflects that other injured employees did not
decline alternative transportation home. The AJ found that appellant
was not subjected to discrimination by the nurse's treatment of his
injury, or by the agency's failure to insist that appellant either go
to the hospital or obtain alternative transportation home. In its FAD,
the agency adopted the RD.
Appellant timely appeals and argues that he was not given proper medical
care for his closed head injury and that agency officials should have
realized that the injury prevented him from making reasonable medical
decisions. However, after a careful review of the record, the Commission
finds that the RD adequately set forth the relevant facts and analyzed
the appropriate regulations, policies and laws. The Commission discerns
no basis to disturb the AJ's finding of no discrimination. Therefore,
the Commission AFFIRMS the FAD and finds that appellant fails to prove,
by a preponderance of the evidence, that he was subjected to the
discrimination alleged.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Nov 25, 1998
________________ ___________________________
DATE Ronnie Blumenthal, Director
Office of Federal Operations