Deborah J. Anderson, Petitioner,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 12, 2003
04A10043 (E.E.O.C. Feb. 12, 2003)

04A10043

02-12-2003

Deborah J. Anderson, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Deborah J. Anderson v. United States Postal Service

04A10043

February 12, 2003

.

Deborah J. Anderson,

Petitioner,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Petition No. 04A10043

Request No. 05990655

Appeal No. 01971483

Agency No. 1G-784-1013-94

Hearing No. 360-96-8260X

DECISION ON PETITION FOR ENFORCEMENT

On May 24, 2001, the Equal Employment Opportunity Commission (EEOC or

Commission) docketed a petition for enforcement to examine the enforcement

of an order set forth in Deborah J. Anderson v. United States Postal

Service, EEOC Request No. 05990655 (July 7, 2000). This petition

for enforcement is accepted by the Commission pursuant to 29 C.F.R. �

1614.503.

In the above-referenced decision, the Commission found that the agency

discriminated against petitioner on the basis of her sex (female) when

she was harassed by her supervisor in connection with her pregnancy.

The Commission ordered the agency to provide specific relief to

petitioner, stating in relevant part:

The agency shall tender back pay and benefits retroactive to February 10,

1994, and ending on the expiration date of [petitioner's] appointment as

a transitional employee, offset by the amount of workers' compensation

wage-replacement benefits complainant has received .... If [petitioner's]

appointment would have been renewed absent the discrimination, she is

entitled to back pay and benefits for the period of renewal as well.

The matter was assigned to a Compliance Officer and docketed as Compliance

No. 06A01558 on July 10, 2000.

On May 9, 2001, petitioner submitted the petition for enforcement

at issue. Petitioner contends that the agency has failed to provide

the full measure of back pay and benefits to which she is entitled.

More specifically, petitioner states that while the agency has tendered

back pay and benefits for the period February 10, 1994 through July

31, 1997, she remains an employee of the agency to date, and that her

entitlement to back pay and benefits therefore continues. Petitioner

argues that because she is still in receipt of benefits from OWCP,

and because she continues to submit a monthly duty-status report to the

agency, she is still an employee of the agency and should continue to

receive back pay and benefits pursuant to the Commission's order in EEOC

Request No. 05990655.

The agency previously submitted a report of compliance providing the

following information, including computer reports generated March 23,

2001: Petitioner, while continuing in receipt of workers' compensation

benefits from the Office of Workers' Compensation Benefits (OWCP),

remained employed by the agency on a series of temporary appointments

expiring July 31, 1994; July 31, 1995; July 31, 1996; and July 31,

1997, respectively. The agency calculated the amount of back pay and

benefits owing to petitioner from February 10, 1994 through July 31,

1997, and tendered payment.<1>

The Commission notes that where a Federal employee sustains an on-the-job

injury which results in the payment of workers' compensation benefits

by OWCP, the employee's entitlement to such benefits does not terminate

upon separation from employment. See 20 C.F.R. � 10.500 (benefits are

payable so long as the effects of the work-related injury continue) and

� 10.503 (specified circumstances under which benefits may be terminated

do not include separation). Stated differently, the fact that petitioner

continues to receive workers' compensation benefits through OWCP does

not constitute proof that she remains an employee of the agency.

The agency has submitted records sufficient to establish that petitioner's

last appointment as an agency employee expired July 31, 1997, and that

it has tendered back pay and benefits through that date. There is no

evidence that petitioner was or should have been reappointed to the

agency after July 31, 1997.

Petitioner argues that she is required to submit a duty-status report

to the agency on a monthly basis, thereby proving that she is still

an employee of the agency. The Commission finds this argument to be

without merit. Because the agency ultimately is responsible for the

payment of petitioner's workers' compensation benefits, see 5 U.S.C. �

8147, it is in the agency's interest to monitor whether petitioner has

recovered from her work-related injury.

Based upon the foregoing, the Commission concludes that the agency

has fully complied with the order in EEOC Request No. 05990655.

The petitioner for enforcement therefore is DENIED.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

This decision of the Commission is final, and there is no further right

of administrative appeal from the Commission's decision. 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.

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

February 12, 2003

__________________

Date

1It is noted that petitioner does not contest the accuracy of the agency's

calculation of back pay and benefits for this period, only the period

of time itself.