Darlene King, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic), Agency.

Equal Employment Opportunity CommissionMay 24, 1999
01974216 (E.E.O.C. May. 24, 1999)

01974216

05-24-1999

Darlene King, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic), Agency.


Darlene King, )

Appellant, )

)

v. ) Appeal No. 01974216

) Agency No. 4D-280-1065-95

William J. Henderson, ) Hearing No. 140-95-8192X

Postmaster General, )

United States Postal Service, )

(Allegheny/Mid-Atlantic), )

Agency. )

______________________________)

DECISION

On April 25, 1997, Darlene King (appellant) timely appealed the final

decision of the United States Postal Service (agency), dated April 10,

1997, concluding she had not been discriminated against in violation of

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. �2000e

et seq. In her complaint, appellant alleged that agency officials

had discriminated against her on the bases of her race (Black) and sex

(female) when, in December 1995, she was terminated from her position as

a City Carrier during her probationary period. This appeal is accepted

in accordance with the provisions of EEOC Order No. 960.001.

The evidence of record reveals that appellant was initially hired as

a City Carrier at the Morehead City, North Carolina, Post Office in

September 1994, subject to a ninety-day probationary period. Appellant

was hired following an interview by both the Morehead Postmaster

and the Supervisor of Customer Service. By letter dated December 5,

1994, appellant was notified that she was being terminated prior to the

completion of her probationary period because of poor work performance.

Specifically, the removal notice identified deficiencies in both work

quantity and work quality. The agency produced work evaluations provided

to appellant at the thirty and sixty-day marks into her probationary

period which indicated that appellant's work performance was at an

unacceptable level and detailed the observed deficiencies. Moreover, the

Postmaster testified that he personally received three customer complaints

concerning appellant's work. An agency employee who routinely handled

customer complaints confirmed that he had also received complaints about

appellant's work. Appellant, on the other hand, contended that complaints

were also received about other carriers but they were not terminated.

In addition, she alleged that she was given inadequate training in the

performance of her duties. Finally, she asserted that she was terminated

in order to make way for the hiring of the white female employee who

transferred from another station in order to replace her.

On February 27, 1995, appellant filed a formal EEO complaint with

the agency, alleging that the agency had discriminated against her

as referenced above. The agency accepted the complaint and conducted

an investigation. At the conclusion of the investigation, appellant

requested an administrative hearing before an Equal Employment Opportunity

Commission (EEOC) administrative judge (AJ).

On January 14, 1997, following a hearing at which six witnesses testified,

the AJ issued a decision from the bench, concluding no discrimination

had occurred on either of the bases alleged. In that decision, the AJ

initially found that appellant failed to establish a prima facie case of

race and/or sex discrimination because she failed to establish that there

were other similarly situated employees who were treated more favorably.

Moreover, the AJ went on to conclude that even if appellant had raised an

initial inference of discrimination, the agency successfully rebutted

that inference with its articulation of legitimate, nondiscriminatory

reasons for the decision to terminate appellant's employment prior to

the conclusion of her probationary period. The AJ went on to hold that

appellant failed to meet her burden of proving, by a preponderance of the

evidence, that the agency's articulated reasons for its actions in this

matter were unbelievable or that its actions were more likely motivated

by discriminatory factors.

On April 10, 1997, the agency adopted the findings and conclusions of

the AJ and issued a final decision finding no discrimination. It is

from this decision that appellant now appeals.

After a careful review of the record in its entirety, the Commission finds

that the AJ's recommended decision sets forth the relevant facts and

properly analyzes the case using the appropriate regulations, policies

and laws. Based on the evidence of record, the Commission discerns

no basis to disturb the AJ's finding of no discrimination. Nothing

proffered by appellant on appeal differs significantly from the arguments

raised before, and given full consideration by, the AJ. Accordingly,

it is the decision of the Equal Employment Opportunity Commission to

AFFIRM the agency's final decision which adopted the AJ's finding of

no discrimination.

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. � l6l4.604(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. 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:

May 24, 1999

__________________ __________________________________

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations