05A20564
07-26-2002
Carol J. Waterman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carol J. Waterman v. United States Postal Service
05A20564
07-26-02
.
Carol J. Waterman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20564
Appeal No. 01996831
Agency No. 4B-120-0006-99
Hearing No. 160-99-8501X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Carol
J. Waterman v. United States Postal Service, EEOC Appeal No. 01996831
(February 15 2002). 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).
In her underlying complaint, complainant alleged discrimination on the
basis of disability (Post-Traumatic Stress Disorder) when the agency
failed to transfer her to another position at another post office in
the vicinity. Believing she was a victim of discrimination, complainant,
filed a formal EEO complaint with the agency alleging that the agency had
discriminated against her as referenced above. An EEOC Administrative
Judge (AJ) issued a decision without a hearing, finding no discrimination.
The agency's final order adopted the AJ's recommended decision. Our prior
appellate decision affirmed the agency. From this decision complainant
requests reconsideration.
In her request for reconsideration, complainant repeats arguments that
were addressed in our prior decision. In addition, she presents an intake
assessment form for the Employee Assistance Program (EAP) dated January
16, 1995, which she argues reveals that agency officials should have been
aware of her medical condition at a much earlier date than June 26, 1998,
when she was diagnosed with PTSD. We note, however, that the EAP form
does not contain a formal medical diagnosis. Furthermore, assuming
arguendo that the form contained enough information to put management
on notice that complainant had a medical condition, complainant has not
explained how management officials would have known of the information
since such information is generally kept confidential and complainant
has not indicated that she showed the EAP form to management officials.
After a review of the 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. The decision
in EEOC Appeal No. 01996831 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
____07-26-02______________
Date