Faith Dent, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 13, 2003
01A30582_r (E.E.O.C. Mar. 13, 2003)

01A30582_r

03-13-2003

Faith Dent, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Faith Dent v. United States Postal Service

01A30582

March 13, 2003

.

Faith Dent,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A30582

Agency Nos. 1G-708-0075-00

1G-708-0085-01

Hearing No. 270-A2-9023X

DECISION

Complainant timely initiated an appeal from the agency's final order

concerning her equal employment opportunity (EEO) complaints 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. Section 501 of the

Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �

791 et seq.

The record reveals that complainant filed formal EEO complaints alleging

that the agency discriminated against her on the bases of disability

(chronic diabetes and job-related injury) and in reprisal for prior

EEO activity when:

(1) In July 2000, complainant's request for leave under the Family

Medical Leave Act (FMLA) was denied; and

(2) On July 3, 2001, she was scheduled to work on July 3, 2001, and

junior employees were not.

At the conclusion of the investigation, complainant received a copy

of the investigative report and requested a hearing before an EEOC

Administrative Judge (AJ). The AJ issued a decision without a hearing,

finding no discrimination. The AJ found that complainant did not

establish that more likely than not, the agency's articulated reasons

for its actions were a pretext to mask discrimination. On October

11, 2002, the agency issued a final order adopting the AJ's findings.

Complainant submits no new contentions on appeal and the agency requests

that we affirm is final order.

The Commission's regulations allow an AJ to issue a decision without a

hearing when he or she finds that there is no genuine issue of material

fact. 29 C.F.R. � 1614.109(g). This regulation is patterned after the

summary judgment procedure set forth in Rule 56 of the Federal Rules of

Civil Procedure. The U.S. Supreme Court has held that summary judgment

is appropriate where a court determines that, given the substantive

legal and evidentiary standards that apply to the case, there exists

no genuine issues of material fact. Anderson v. Liberty Lobby, Inc.,

447 U.S. 242, 255 (1986). In ruling on a motion for summary judgment,

a courts's function is not to weigh the evidence but rather to determine

whether there are genuine issues for trial. Id. at 249. The evidence

of the non-moving party must be believed at the summary judgment stage an

all justifiable inferences must be drawn in the non-moving party's favor.

Id. at 255. An issue of fact is "genuine" if the evidence is such that

a reasonable fact finder could find in favor of the non-moving party.

Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Oliver v. Digital

Equip. Corp., 846 F.2d 103, 105 (1st Cir. 1988). A fact is "material"

if it has the potential to affect the outcome of the case. If a case

can only be resolved by weighing conflicting evidence, summary judgment

is not appropriate. In the context of an administrative proceeding,

an AJ may properly consider summary judgment only upon a determination

that the record has been adequately developed for summary disposition.

After careful review of the record, we find that the AJ's decision to

issue a ruling without a hearing was appropriate.

Although the initial inquiry in a discrimination case usually focuses

on whether the complainant has established a prima facie case, following

this order of analysis is unnecessary when the agency has articulated a

legitimate, nondiscriminatory reason for its actions. See Washington

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

In such cases, the inquiry shifts from whether the complainant has

established a prima facie case to whether she has demonstrated by a

preponderance of the evidence that the agency's reasons for its actions

merely were a pretext for discrimination. Id.; see also United States

Postal Service Board of Governors v. Aikens, 460, U.S. 711, 714-717

(1983). The Commission will, for the purposes of analysis only,

presume that complainant is an individual with a disability and that

she is covered under the Rehabilitation Act.

We find that the agency has stated legitimate, nondiscriminatory reasons

for its actions, supported by the evidence of record. Regarding claim 1,

the record indicates that complainant's requested FMLA leave so that she

could babysit her grandchildren as a favor to her daughter. The agency

determined that complainant's request is not covered under the rules

governing the FMLA. We find that the agency's denial of complainant's

request for FMLA leave to babysit her daughter's children was based on

a legitimate, nondiscriminatory reason.

Regarding claim 2, the record indicates that complainant's regularly

scheduled day off was July 4, 2001, but that because of the holiday,

her day off would have been July 3, 2001. The record also indicates that

complainant was one of a group of agency employees on a list of volunteers

to work holidays and therefore, she was scheduled to work on July 3, 2001.

Because the agency has proffered legitimate, nondiscriminatory reasons

for its actions, complainant now bears the burden of establishing that

the agency's stated reasons are merely a pretext for discrimination.

Shapiro v. Social Security Administration, EEOC Request No. 05960403

(December 6, 1996). Complainant can do this by showing that the agency

was motivated by a discriminatory reason. Id. (citing St. Mary's

Honor Center v. Hicks, 509 U.S. 502 (1993)). The Commission finds

that complainant has failed to present evidence to support a finding or

create an inference that the agency's articulated reasons for denying

her FMLA leave request and for scheduling her to work on July 3, 2001,

are a mask for discrimination.

After a careful review of the record, the Commission finds that grant

of summary judgment was appropriate, as no genuine dispute of material

fact exists. We find that the AJ's decision properly summarized the

relevant facts and referenced the appropriate regulations, policies,

and laws. Further, construing the evidence to be most favorable to

complainant, we note that complainant failed to present evidence that

any of the agency's actions were motivated by discriminatory animus

toward complainant's protected classes.

The agency's final action implementing the AJ's finding of no

discrimination is AFFIRMED.

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

March 13, 2003

__________________

Date