Lucille Taylor, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.

Equal Employment Opportunity CommissionOct 24, 2001
05A10925 (E.E.O.C. Oct. 24, 2001)

05A10925

10-24-2001

Lucille Taylor, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.


Lucille Taylor v. United States Postal Service

05A10925

October 24, 2001

.

Lucille Taylor,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Pacific Area),

Agency.

Request No. 05A10925

Appeal No. 01981725

Agency No. 4F-940-1062-96

Hearing No. 370-96-2765X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Lucille

Taylor v. United States Postal Service, EEOC Appeal No. 01981725

(June 20, 2001). EEOC Regulations provide that the Commission may, in

its discretion, reconsider any previous Commission decision where the

requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).

Complainant alleged she was discriminated against on the bases of race

(Black), color (black), religion (Christian), age (D.O.B. 3/4/48),

disability (right shoulder tendonitis) and reprisal (prior EEO activity)

when: (1) she received Letters of Warning on October 17, 1995 and

October 28, 1995; (2) on November 17, 1995, complainant's supervisor

(CS) allegedly followed her to her locker; (3) on November 28, 1995, a

co-worker was allegedly allowed to use abusive language toward her and

hide her mail; (4) on November 28, 1995, she was allegedly denied use

of the telephone, told to leave the facility and CS bumped her with his

stomach; and (5) on November 29, 1995, CS denied her the ability to work

(by ejecting her from the facility as disruptive).

The AJ concluded that complainant failed to establish a prima facie

case of race, color, religion or age discrimination. Further, the AJ

found that the incident wherein complainant alleged that CS followed

her to her locker was not harassment as alleged, as the incident was

not sufficiently severe and pervasive to constitute a hostile work

environment. The AJ further found that complainant failed to establish

a prima facie case of disability discrimination. Initially, the AJ

found that complainant failed to demonstrate that she is a qualified

individual with a disability, as there was no evidence establishing

that her shoulder injury was anything more than transitory in nature.

The AJ further found that even assuming arguendo that complainant was an

individual with a disability, she failed to establish a prima facie case

of disparate treatment, as there are no similarly situated employees who

were treated differently. The agency's FAD implemented the AJ's decision.

In our initial decision, the Commission agreed with the AJ's conclusion

that complainant failed to establish that CS discriminated against her

on the bases of her race, color, religion or age. In addition, we found

that even if it was assumed that complainant was a qualified individual

with a disability, she failed to establish discrimination under the

Rehabilitation Act. In so finding, we noted that while complainant

contended that she was given the October 17, 1995 Letter of Warning

for refusing to work outside of her medical restrictions, there was

no basis upon which to disturb the AJ's finding that the assistance CS

required complainant to provide involved routing flats which would not

have required complainant to work outside of her medical restrictions or

otherwise lift greater than ten (10) pounds. Finally, the Commission

found that the even if complainant established a prima facie case of

reprisal, the agency articulated legitimate, nondiscriminatory reasons

for its actions which were not pretextual in nature.

In her request for reconsideration, complainant alleges that she was

discriminated against and harassed by a co-worker and CS, and that

agency management should be held responsible for the discrimination as

management was aware it. However, as we noted in our initial decision,

the AJ considered complainant's allegation regarding a co-worker's

language, but found that CS could not be held responsible for failing to

take corrective action inasmuch as complainant conceded that she had not

told CS that the co-worker at issue had used such language. In addition,

the Commission agreed with the AJ's finding that the described incidents

between CS and complainant were insufficient to constitute harassment

as alleged.

Thus, after a review of the complainant's request for reconsideration,

the previous decision, and the entire record, the Commission finds that

the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and

it is the decision of the Commission to deny the request. The decision

in EEOC Appeal No. 01981725 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

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

October 24, 2001

__________________

Date