Michael D. Hornbuckle, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJun 26, 2003
01A32443_r (E.E.O.C. Jun. 26, 2003)

01A32443_r

06-26-2003

Michael D. Hornbuckle, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Michael D. Hornbuckle v. United States Postal Service

01A32443

June 26, 2003

.

Michael D. Hornbuckle,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A32443

Agency No. 4H-350-0005-02

DECISION

Complainant timely initiated an appeal from a final agency decision

concerning his complaint of unlawful 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.

The record reveals that during the relevant time, complainant was

employed as a Carrier Technician at the agency's Bessemer Post Office in

Bessemer, Alabama. Complainant sought EEO counseling and subsequently

filed a formal complaint on November 21, 2001, alleging that he was

discriminated against based on race when on September 13, 2001, he was

issued a 14-day suspension following a vehicular accident.

At the conclusion of the investigation, complainant was informed of

his right to request a hearing before an EEOC Administrative Judge or

alternatively, to receive a final decision by the agency. The record

in this case reflects that complainant initially requested a hearing;

but that the request was subsequently withdrawn. The agency thereupon

issued a final decision.

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

establish a prima facie case of discrimination based on race. The agency

further stated that assuming arguendo that complainant established a

prima facie case of race discrimination, complainant failed to show that

the agency's articulated reasons for his 14-day suspension was pretextual.

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, he 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. See 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. See 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. See 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. See U.S. Postal

Service Board 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).

The Commission determines that the evidence supports a finding that

the agency articulated legitimate, non-discriminatory reasons for its

employment actions. The record reveals that on September 13, 2001,

complainant was issued a 14-day suspension for failure to operate a

vehicle in a safe manner. Specifically, the record reflects that while

in the performance of his letter carrying duties complainant felt ill and

hot, and as if he were going to faint. Complainant decided to drive the

agency vehicle he was assigned to get something to drink. While driving,

complainant fainted at the wheel and struck another vehicle.

The record contains an affidavit from complainant's Supervisor. Therein,

the Supervisor stated that complainant had a previous at-fault accident

which was resolved through arbitration and that he issued complainant a

14-day suspension because he felt that this particular accident could

have been prevented. The Supervisor further stated that management

was being progressive in its disciplinary action, given complainant's

accident history.

The record also contains an affidavit from the Postmaster. Therein,

the Postmaster stated that medical records had indicated complainant was

tested positive for alcohol; however, upon investigation, these findings

turned out to be a transcription error. The Postmaster further stated

that complainant has not accepted responsibility for his actions and that

his accident history required progressive disciplinary procedures. The

Postmaster determined that the accident at issue in the instant complaint

could have been prevented, as complainant should not have commenced to

drive a vehicle in the state that he was in (feeling ill/faint) prior to

the accident. Morever, the Postmaster stated that the 14-day suspension

is considered "corrective in nature rather than punitive."

Complainant has not demonstrated that the agency's articulated reasons

for its actions were a pretext for discrimination.

After a careful review of the record, we AFFIRM the agency's final

decision finding no discrimination.

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

June 26, 2003

__________________

Date