05A20303
09-09-2002
Beth A. Roman-Cavellero, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.
Beth A. Roman-Cavellero v. United States Postal Service
05A20303
September 9, 2002
.
Beth A. Roman-Cavellero,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area)
Agency.
Request No. 05A20303
Appeal No. 01993037
Agency No. 4H-3301533-95
DENIAL OF REQUEST FOR RECONSIDERATION
Beth A. Roman-Cavellero (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Beth A. Roman-Cavellero v. United States Postal Service,
EEOC Appeal No. 01993037 (May 26, 2000).
Complainant alleged discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
on the bases of race (Hebrew), color (white), sex (female), and religion
(Jewish), when on May 13, 1995, she was issued a Letter of Decision
removing her from the agency.
The record evidence established that complainant was removed from the
agency because of improper conduct. Specifically, the evidence showed
that a discrepancy existed as to whether complainant's doctor had released
her to return to full or part-duty. Information on Form CA-17, provided
by complainant, revealed that she could work part-time, six hours per day.
However, agency officials contacted complainant's doctor's office which
revealed that the doctor never made such recommendation. In addition,
other evidence indicated that the doctor's note appeared to be written
by complainant. Although complainant's first-line manager recommended
no discipline, complainant's higher chain of command bypassed that
recommendation for more severe discipline. While complainant asserted that
she did not falsify any documents, the evidence supported management's
belief that she had. Lastly, complainant provided insufficient evidence
of pretext or discriminatory animus.
In our previous decision, we affirmed the Final Agency's Decision finding
no discrimination. In complainant's request for reconsideration, she
argues that since our previous decision failed to specify what evidence
we considered in affirming the Final Agency Decision, our decision
was erroneous.
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous Commission decision where the requesting party
demonstrates 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. See 29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny the request. Specifically, we find
that complainant has failed to show that there is any basis to support a
finding of discrimination based upon the evidence of record. The decision
in EEOC Appeal No. 01993037 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
September 9, 2002
__________________
Date