01a02887
07-19-2002
Carleen S. Zeitoun v. United States Postal Service 01A02887 07-19-02 .Carleen S. Zeitoun, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carleen S. Zeitoun v. United States Postal Service
01A02887
07-19-02
.Carleen S. Zeitoun,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A02887
Agency No. 4F-926-0126-99
DECISION
On February 22, 2000, Carleen S. Zeitoun (hereinafter referred to
as complainant) initiated a timely appeal to the Equal Employment
Opportunity Commission (Commission) with regard to her complaint of
discrimination in violation of Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq; and � 501 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. � 791 et seq. The appeal is accepted
by this Commission in accordance with 29 C.F.R. � 1614.405. Based upon
a review of the record, and for the reasons stated herein, it is the
decision of the Commission to AFFIRM the final agency action.
The issues on appeal are whether complainant proved, by a preponderance
of the evidence, that she was discriminated against on the bases of
her race/color (black), sex (female), religion (Muslim), disability
(overweight), and in reprisal for prior EEO activity (unspecified) when:
1 she was continually subjected to harassment and derogatory remarks; 2
on April 1, 1999, she was issued a Notice of Removal; and 3 on April 27,
1999, the agency forwarded negative information regarding her separation
to the Employment Development Department (EDD).
Complainant filed a formal EEO complaint raising the above-referenced
allegations of discrimination. The agency accepted complainant's
complaint for processing. At the conclusion of the investigation, the
agency provided complainant with a copy of the investigative report
and notified her of her right to request an administrative hearing.
Receiving no response from complainant, the agency issued a final decision
finding that she had not been subjected to discrimination as alleged.
It is from this decision that complainant now appeals.
After a careful review of the record, the Commission finds that the
agency correctly determined that complainant was not subjected to
discrimination with regard to the matters at issue. The Commission
notes that while the agency stated, in part, that complainant failed
to establish a prima facie case because she did not show that she was
treated differently than similarly situated employees, complainant must
only present evidence which, if unrebutted, would support an inference
that the agency's actions resulted from discrimination. See O'Connor
v. Consolidated Coin Caters Corp., 116 S.Ct. 1307 (1996); Enforcement
Guidance on O'Connor v. Consolidated Coin Caters Corp., EEOC Notice
No. 915.002, n. 4 (September 18, 1996).
Nevertheless, the agency correctly determined that, even assuming that
complainant had established a prima facie case of race/color, sex,
religion, disability, and reprisal discrimination, she failed to show
that the agency's stated reasons for the actions were pretextual.<1>
Specifically, the Postmaster stated that complainant was issued the Notice
of Removal for falsifying a leave request form, and that information
regarding the incident was forwarded to the EDD, which was processing a
request for unemployment benefits. The Commission finds no evidence in
the record to show that the actions in question were in any way related
to complainant's race/color, sex, religion, disability, or EEO activity.
Further, with regard to issue 1, the record fails to support a finding
of hostile environment harassment. Accordingly, it is the decision of
the Commission to AFFIRM the final agency decision.
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
_____07-19-02_____________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_________________________
Date
_________________________
1For purposes of this decision, the Commission assumes complainant is
an individual with a disability.