Patsy Parrish, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 25, 2005
01a45176 (E.E.O.C. Mar. 25, 2005)

01a45176

03-25-2005

Patsy Parrish, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Patsy Parrish v. United States Postal Service

01A45176

March 25, 2005

.

Patsy Parrish,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A45176

Agency No. 4G-770-0394-03

Hearing No. 330-2004-00115X

DECISION

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

concerning her equal employment opportunity (EEO) 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. and the

Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29

U.S.C. � 621 et seq. For the following reasons, the Commission affirms

the agency's final order.

The record reveals that complainant, a Clerk at the agency's Baytown

Post Office facility, filed a formal EEO complaint on October 23, 2003,

alleging that the agency discriminated against her on the bases of race

(Caucasian), color (white), sex (female), and age (D.O.B. 08/20/46),

when on May 31, 2003, her request to be allowed to work at the Main

Office Window was denied due to her limitations.

At the conclusion of the investigation, complainant received a copy

of the investigative report and requested a hearing before an EEOC

Administrative Judge (AJ). On July 12, 2004, the AJ issued a decision

without a hearing, finding that there was no genuine issue of material

fact in dispute, and concluded that complainant had not been discriminated

against. The AJ found that complainant failed to establish a prima facie

case of race, color, sex, or age discrimination. The AJ found that the

comparative employees cited by complainant were not similarly situated

to complainant . The AJ found that even assuming that complainant was

able to establish a prima facie case, complainant has failed to rebut

the agency's legitimate nondiscriminatory reason for denying her request

to be allowed to work at the Main Office Window.

The agency, on July 16, 2004, issued a decision adopting the AJ's

decision. Complainant now appeals from that decision.

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 issue of material fact. Anderson v. Liberty Lobby, Inc.,

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

a court'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 and

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.

The agency articulated a legitimate, nondiscriminatory reason for denying

complainant's request to work in the Main Office. The Postmaster<1>

and complainant's immediate Supervisor reviewed complainant's light

duty request which indicated that she could not lift over ten pounds,

and determined that she could be accommodated at Station A which was her

bid job and assigned work place. The Postmaster then suggested to the

Supervisor that complainant be provided with assistance at Station A,

or assistance with lifting packages over ten pounds. The Postmaster

also advised complainant that he did not need nor want to move employees

between two stations based on a ten pound lifting restriction.

The Commission finds that the agency articulated, legitimate

nondiscriminatory reasons for its action which was not persuasively

rebutted by complainant. The agency considered complainant's light

duty request in light of her restrictions and determined that she did

not need to be transferred to the Main Office. The agency was able to

fulfill complainant's light duty request at her assigned work station,

Station A. Complainant has failed to provide evidence to show that the

agency's decision to grant her light duty request at her assigned work

station, rather than at the Main Office, was to discriminate against her.

Moreover, complainant has not shown that she was treated any differently

from other employees who are similarly situated to complainant who

requested light duty.

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 any additional

evidence on appeal that any of the agency's actions were motivated by

discriminatory animus toward complainant's protected classes.

Accordingly, the agency's final decision 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 25, 2005

__________________

Date

1Although the Postmaster is the Postmaster

for the Webster Post Office, he was the Officer in Charge of the Baytown

offices when complainant requested to work at the Main Office.