0520080445
05-20-2008
Carol M. Bowles, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carol M. Bowles,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080445
Appeal No. 0120064601
Hearing No. 120-2006-00059X
Agency No. 1C241001605
DENIAL
Complainant timely requested reconsideration of the decision in Carol
M. Bowles v. United States Postal Service, EEOC Appeal No. 0120064601
(March 19, 2008). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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 complaint, complainant claimed discrimination on the bases of race
(Caucasian), sex (female), disability (shoulder, hand, and wrist), and
age (54), when she was reassigned to a different position with different
hours and days off in April 2005. The EEOC Administrative Judge (AJ)
assigned to the matter, issued a decision without a hearing finding
no discrimination. The agency fully implemented the decision and the
Commission affirmed the finding of no discrimination.
In complainant's request for reconsideration, she contends the agency
has disregarded the American Postal Workers Union Collective Bargaining
Agreement and the EL505 Manual concerning Limited and Injured on Duty
Employees. She also contends that the agency was aware that her medical
restrictions were permanent and that maximum medical improvement had
been reached.
After reconsidering 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 Commission finds that complainant failed to show that
the appellate decision involved a clearly erroneous interpretation
of material fact or law or that the appellate decision will have
a substantial impact on the policies, practices, or operations of
the agency. Further, the Commission finds that the arguments made in
her request for reconsideration were previously argued. Accordingly,
the decision in EEOC Appeal No. 0120064601 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request.
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
_____05-20-08_____________
Date
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0520080445
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080445