01A20953
03-17-2003
Billie Reddic, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Billie Reddic v. United States Postal Service
01A20953
03-17-03
.
Billie Reddic,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A20953
Agency Nos. 4F-907-0074-98
4F-907-0042-99
Hearing Nos. 340-98-4160X
340-A0-3138X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.
Complainant alleged that she was discriminated against on the bases
of race (Black), sex (female), disability (asthma, allergies, knee
injury and tendonitis), and reprisal (previous EEO activity) when (1)
she was issued a Letter of Warning on December 20, 1997; (2) she was
issued a notice of a seven-day suspension on January 10, 1998; and (3)
she was issued a notice of fourteen-day suspension on November 3, 1998.
Complainant also claimed that she was retaliated against or not reasonably
accommodated when she was not allowed to continue working beginning
on September 5, 1998. After a review of the record in its entirety,
including consideration of all statements submitted on appeal, it is
the decision of the Equal Employment Opportunity Commission to affirm
the agency's final order, because the Administrative Judge's issuance
of a decision without a hearing was appropriate and a preponderance of
the record evidence does not establish that discrimination occurred.<1>
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
___03-17-03_______________
Date
1 In reaching the above decision, we assumed, for analytical purposes
only, that complainant was an individual with a disability as alleged.