01A00278
11-09-2001
Sharyee J. Davis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Sharyee J. Davis v. United States Postal Service
01A00278
November 9, 2001
.
Sharyee J. Davis,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Appeal No. 01A00278
Agency No. 1G-753-0056-97
Hearing No. 310-98-5227X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final decision to adopt the Administrative
Judge's (AJ) finding of reprisal discrimination in the above-entitled
matter. The agency adopted the AJ's recommended remedy as stated below:
1) All references to the emergency placement in a nonduty, nonpay status
will be expunged from [complainant's] records;
2) [Complainant] will be awarded compensatory damages in the amount
of $2,000;
3) A notice will be posted for a period of 60 days; and
4) [A named management official] will be required to take at least 40
hours sensitivity training prior to September 30, 1999, and his treatment
of complainant will be monitored so that similar actions do not recur.
On November 30, 1999, complainant requested an extension of time
within which to submit a statement or brief in support of her appeal.
On December 8, 1999, this Commission denied complainant's request on the
grounds that she failed to request an extension prior to the expiration
of the time frame for filing the brief. Therefore, complainant has made
no new contentions on appeal.
CONCLUSION
Based upon a review of the record, the Commission finds that the
Administrative Judge's ultimate finding that unlawful employment
discrimination based on reprisal occurred was proven by a preponderance of
the evidence, is supported by the record. The Commission further finds
no basis to disturb the AJ's award of $2,000 in compensatory damages.
While the record indicates that complainant has received this award, and
that the agency has posted the notice recommended by the AJ, this decision
will restate the appropriate relief in order to ensure that complainant
has the right to petition the Commission for enforcement should the
agency not have in fact provided the relief. See C.F.R. � 1614.503.
ORDER
To the extent that is has not already done so, the agency shall take
the following remedial action within 60 days of the date this decision
becomes final:
(1) Expunge all references to the emergency placement in a nonduty,
nonpay status from [complainant's] records;
(2) Award compensatory damages in the amount of $2,000;
(3) Post the notice provided for in the final agency decision for a
period of 60 days;
(4) Require the named management official to take at least 40 hours
sensitivity training, and monitor his treatment of complainant so that
similar actions do not recur.
The agency is further directed to submit a report of compliance, as
provided in the statement entitled �Implementation of the Commission's
Decision.� The report shall include supporting documentation that the
corrective action has been implemented.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). Complainant also has the right to
file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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
November 9, 2001
__________________
Date