0120061031
05-16-2007
Beatrice Meir, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Beatrice Meir,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01200610311
Agency No. 4F-900-0166-03
Hearing No. 340-2005-00131X
DECISION
Complainant filed an appeal from the agency's final action dated October
28, 2005, finding no discrimination with regard to her complaint. In her
complaint, complainant, a Mail Processing Clerk at the agency's Los
Angeles Processing and Distribution Center (PDC), alleged discrimination
based on race/color (Black/black), sex (female), age (DOB: 9/10/1944)
and disability (knee and lower back) when on June 19, 2003, her bid
was abolished; she was given a few hours to bid on a new assignment;
and her doctor's request for her to extend her stay at the main office
was denied.
Upon completion of the investigation of the complaint, complainant
requested a hearing before an EEOC Administrative Judge (AJ). On
September 15, 2005, the AJ issued a decision without holding a hearing,
incorporating the agency's motion for such, finding no discrimination.
The agency's final action implemented the AJ's 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.
The Commission finds that grant of summary judgment was appropriate,
as no genuine dispute of material fact exists. In this case, the AJ
determined that, assuming arguendo that complainant had established a
prima facie case of discrimination, the agency articulated legitimate,
nondiscriminatory reasons for the alleged actions.
The record indicates that during the relevant time period at issue,
the agency's human resources department with the cooperation of the
union decided to downsize complainant's unit to improve efficiency and
reduce costs. In accordance with the collective bargaining agreement,
on June 20, 2003, complainant was given notice that her position would
be "excessed" on June 28, 2003, but that she would have the opportunity
to bid on another vacant position at a different facility. The agency
stated this decision was made by upper level management (not complainant's
immediate supervisors or her postmaster), so as to allocate staff in a
rational and cost-effective manner. The agency also indicated that five
other mail processing clerks in complainant's unit had their job excessed
as well. Complainant returned to her original unit on November 14, 2003,
after she was excessed and transferred. In fact, of the five employees
who were excessed along with complainant, complainant was the first to
be allowed to bid back into her original unit.
The agency, undisputed by complainant, indicated that there was no
evidence to indicate that complainant was on a light or limited duty
position at the PDC at the time of the alleged incidents. The agency
also indicated that complainant never requested accommodations and never
made her supervisors aware of her purported disabilities. The Commission
finds that complainant has failed to show that she requested a reasonable
accommodation or that the agency should have known that she may have
needed an accommodation. The Commission, without addressing whether
complainant was an individual with a disability, finds that she failed
to show that she was denied a reasonable accommodation or that any agency
actions were motivated by discrimination.
Accordingly, the agency's final action 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
May 16, 2007
__________________
Date
1 Due to a new data system, this case has been redesignated with the
above referenced appeal number.
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0120061031
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036