Debra J. Leon, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 6, 2001
01993262_r (E.E.O.C. Nov. 6, 2001)

01993262_r

11-06-2001

Debra J. Leon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Debra J. Leon v. U.S. Postal Service

01993262

November 6, 2001

.

Debra J. Leon,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01993262

Agency No. 4-G-770-0547-98

DECISION

Complainant filed a timely appeal from a final agency decision concerning

her complaint of unlawful employment discrimination brought pursuant

to Title VII of the Civil Rights Act of 1964 (Title VII), as amended,

42 U.S.C. � 2000e et seq. The Commission accepts the appeal. See 29

C.F.R. � 1614.405.

Complainant claims discrimination on the basis of race (white) regarding

her termination from employment as a Casual Carrier on April 23, 1998.

The record reveals that the agency hired complainant to work as a

Casual Carrier at its River Oaks, Texas postal facility on January

1, 1998. However, during the course of a routine background check, a

management official (MO) discovered that complainant falsely documented

her employment application to show that she had never been fired from

a position. The MO then met with complainant and informed her that a

previous employer submitted information revealing that complainant had

been fired from her position for misconduct. Complainant denied this,

and informed the MO that she had instead abruptly left this position

under duress. The MO then informed complainant that agency policy

required that she be terminated for falsifying her employment application.

Complainant contends that had she been an African-American, the MO would

have worked with her to resolve this issue, but because she is white,

the MO simply terminated her employment, refusing to even provide her

with a copy of the former employer's statement.

Believing she was a victim of discrimination, complainant sought EEO

counseling and subsequently filed a formal complaint on June 12, 1998.

At the conclusion of the investigation, complainant was informed

of her right to request a hearing before an EEOC Administrative

Judge or alternatively, to receive a final decision by the agency.

When complainant failed to respond within the time period specified in

29 C.F.R. � 1614.108(f), the agency issued a final decision.

In its decision, the agency concluded that complainant failed to satisfy

the elements of a prima facie case of race discrimination. Specifically,

the agency found that complainant failed to provide any evidence to

show that workers similarly situated to her, outside of her protected

class, were treated more favorably. In fact, the agency found that

two African-American Causal Carriers were also terminated in the same

manner as complainant for falsifying their employment applications.

Therefore, finding that complainant otherwise presented no evidence

to show that the agency terminated her because of her race, the agency

found no discrimination regarding the captioned complaint.

Complainant now appeals this determination. Neither party submits

statements on appeal.

A claim of disparate treatment is examined under the three-part analysis

first enunciated in McDonnell Douglas Corporation v. Green, 411 U.S. 792

(1973). For complainant to prevail, she must first establish a prima

facie case of discrimination by presenting facts that, if unexplained,

reasonably give rise to an inference of discrimination, i.e., that

a prohibited consideration was a factor in the adverse employment

action. McDonnell Douglas, 411 U.S. at 802; Furnco Construction

Corp. v. Waters, 438 U.S. 567 (1978). The burden then shifts to the

agency to articulate a legitimate, nondiscriminatory reason for its

actions. Texas Department of Community Affairs v. Burdine, 450 U.S. 248,

253 (1981). Once the agency has met its burden, the complainant bears the

ultimate responsibility to persuade the fact finder by a preponderance of

the evidence that the agency acted on the basis of a prohibited reason.

St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993).

This established order of analysis in discrimination cases, in which the

first step normally consists of determining the existence of a prima

facie case, need not be followed in all cases. Where the agency has

articulated a legitimate, nondiscriminatory reason for the personnel

action at issue, the factual inquiry can proceed directly to the

third step of the McDonnell Douglas analysis, the ultimate issue of

whether complainant has shown by a preponderance of the evidence that

the agency's actions were motivated by discrimination. U.S. Postal

Service Bd. of Governors v. Aikens, 460 U.S. 711, 713-714 (1983);

Hernandez v. Department of Transportation, EEOC Request No. 05900159

(June 28, 1990); Peterson v. Department of Health and Human Services,

EEOC Request No. 05900467 (June 8, 1990); Washington v. Department of

the Navy, EEOC Petition No. 03900056 (May 31, 1990).

Applying these legal standards to the case before us, we find that the

agency has met its burden to articulate a legitimate, nondiscriminatory

reason for its action. Specifically, we find that the agency demonstrated

that it terminated complainant for falsifying her employment application,

providing documentary evidence consisting of the termination report from

complainant's previous employer verifying that she had been fired, and

a copy of personnel rules reflecting the agency's policy to disqualify

those applicants providing false statements, as well as those dismissed

from prior employment for cause.

The burden now shifts to complainant to show that the agency's action

was motivated by discrimination. Upon review of the record, we find

that complainant has failed to do so. Instead, we find that complainant

offers only speculation that she would have been treated more favorably

if she were an African-American, and we further find that this statement

is rebutted by the agency's evidence that two African-American Causal

Carriers were also terminated for falsifying their applications.

Additionally, we find that complainant provides no evidence to support

her statement denying that she had been fired from her former position,

nor does she provide any evidence to show that the agency's proffered

reason was untrue or a mere pretext for racial discrimination.

Accordingly, after a careful review of the record, for the reasons

set forth above, as well as arguments and evidence not specifically

addressed in this decision, we AFFIRM the agency's decision finding no

discrimination regarding the captioned complaint.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must 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 timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. 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).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. 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 (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

November 6, 2001

__________________

Date