01A40491_r
02-26-2004
Normita P. Navarro, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Normita P. Navarro v. United States Postal Service
01A40491
February 26, 2004
.
Normita P. Navarro,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A40491
Agency No. 4F-900-0011-99
Hearing No. 340-99-3555X
DECISION
Complainant appeals from the agency's final order dated September 26,
2003, finding no discrimination. Complainant alleged that the agency
had discriminated against her on the basis of race (Filipino) when:
Complainant was unfairly trained as a Window Clerk;
Complainant was given an unsatisfactory rating; and
Complainant was terminated on September 9, 1999.
The agency investigated the complaint and thereafter referred the matter
to an EEOC Administrative Judge (AJ), who held a hearing and issued
a decision finding no discrimination on August 15, 2003. The agency
issued its final order on September 26, 2003, in which it implemented
the AJ's decision.
Pursuant to 29 C.F.R. � 1614.405(a), all post-hearing factual findings by
an AJ will be upheld if supported by substantial evidence in the record.
Substantial evidence is defined as �such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion.� Universal
Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 477 (1951)
(citation omitted). A finding regarding whether or not discriminatory
intent existed is a factual finding. See Pullman-Standard Co. v. Swint,
456 U.S. 273, 293 (1982).
The AJ found that complainant was ultimately terminated because she
could not complete her training within the allotted time. The record
discloses that complainant was given the same amount and type of training
as the other newly recruited window clerks. According to complainant's
instructor, complainant was given an unsatisfactory evaluation because she
was unable to understand or perform the routine tasks normally performed
by window clerks. Complainant's training instructor testified that,
in her opinion, complainant could not be left alone to work as a window
clerk. The instructor also testified that she had trained people of
diverse national origins, including other Filipinos, and that she had
never given anyone else a rating of unsatisfactory.
The Commission finds that complainant has failed to show that any of
the agency's articulated reasons for its actions in the above-referenced
claims were pretextual. The Commission finds that the AJ's finding of no
discrimination is supported by substantial evidence and that complainant
has failed to show that any of the alleged agency actions were motivated
by discrimination.
The agency's decision finding 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
February 26, 2004
__________________
Date