05a00045
03-29-2000
Barbara Brown, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (N.E./N.Y. Areas), Agency.
Barbara Brown v. United States Postal Service
05A00045
March 29, 2000
Barbara Brown, )
Complainant, )
) Request No. 05A00045
v. ) Appeal No. 01984423
) Agency No. 4A-110-0027-97
William J. Henderson, ) Hearing No. 160-97-8751X
Postmaster General, )
United States Postal Service )
(N.E./N.Y. Areas), )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On 10/8/99, Barbara Brown (complainant) initiated a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in Barbara Brown v. United States Postal Service, EEOC Appeal No. 01984423
(9/10/99).<1> EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter
referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)). The party
requesting reconsideration must submit written argument or evidence which
demonstrates that the appellate decision involved a clearly erroneous
interpretation of material fact or law; or the decision will have a
substantial impact on the policies, practices or operations of the
agency. Complainant's request is denied.
Complainant alleged in her complaint that the agency discriminated
against her on the bases of race (Black), color (black), sex (female)
or age (DOB: 10/6/38), when she was issued an Emergency Placement into
off-duty status as a result of money order discrepancies on October 28,
1996, and was eventually removed. Complainant requested a hearing before
an EEOC administrative judge. Finding there were no genuine issues
of material fact in dispute, the AJ issued findings and conclusions
without a hearing. Specifically, the AJ found complainant failed to
establish that similarly situated individuals outside of her protected
classes were treated differently after committing similar offenses.
The AJ noted that other employees who were charged with misappropriating
funds were also terminated from employment. Although complainant argued
that others had monetary discrepancies and were not terminated, the AJ
found that complainant's allegation in this regard was not substantiated
by the evidence in the record.
In her request, complainant does not dispute the charges. Rather, she
argues that others committed similar offenses and were not terminated from
employment. As the AJ noted, complainant failed to produce sufficient
documentary or testimonial evidence substantiating her allegation that
others who misappropriated funds from the agency were not similarly
terminated.
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in EEOC Appeal No. 01984423 remains the
Commission's final decision. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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,
March 29, 2000
_______________ ______________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.