0120065305
05-22-2008
Holly M. Helmer, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Holly M. Helmer,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01200653051
Agency No. 4B140006605
Hearing No. 520a60066x
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's August 18, 2006 final order concerning her equal
employment opportunity (EEO) complaint alleging employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Complainant alleged that the agency discriminated against her on the
basis of sex (female) when she was not afforded hiring consideration for
certain vacancies in the Geneva, NY post office. After complainant's
allegations of discrimination were investigated by the agency, she
requested a hearing before an EEOC Administrative Judge (AJ). On August
14, 2006, the AJ issued a decision by summary judgment in favor of the
agency, finding complainant failed to identify any similarly situated
male who received more preferential treatment. Moreover, the AJ found
that agency management articulated a legitimate, nondiscriminatory
reason for its termination decision, which complainant failed to prove
was a pretext for discrimination. The agency issued its final order,
fully implementing the AJ's decision. The instant appeal followed.
The record indicates that complainant was employed as a casual employee
in the Geneva, NY facility and held the position for four years. Seeking
a permanent position, complainant took the agency's civil service
examination and indicated on the hiring form that she wished to be
considered for all clerk and craft positions at Geneva and Canandaigua
facilities, as well as a third post office.
The Geneva and Canandaigua post offices requested that the Human
Resources office generate hiring worksheets listing all potential
applicants for clerk and carrier positions. The lists are generated
by computer. Complainant's name showed up on the Canandaigua list.
Agency policy is that a person's name cannot show up on more than one
hiring list. In addition, an applicant cannot be listed on a subsequent
worksheet until the first work sheet has closed.
Complainant was offered an interview for a position in the Canandaigua
office. Complainant declined the interview and requested that her name
be withdrawn from the Canandaigua work sheet. However, in accordance
with agency procedures, complainant's name remained until the entire
work sheet was closed. During this time period, positions were filled
at the Geneva post office. Complainant was not considered for the Geneva
vacancies because her name was on the Canandaigua work sheet.
Complainant argued that, in the past, males had been given exceptions
in the processing of agency work sheets. Complainant asserted that the
union representative had dealt with former managers of personnel on issues
dealing with men. However, complainant did not point to a specific male
or give the name of a specific comparator. Rather, she made generalized
claims.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final order,
because the Administrative Judge's issuance of a decision without a
hearing was appropriate and a preponderance of the record evidence does
not establish that discrimination occurred.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0408)
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 (S0408)
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 (Z0408)
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
May 22, 2008
__________________
Date
1 Due to a new Commission data system, this case has been redesignated
with the above-referenced appeal and request numbers.
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0120065305
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036