01A30338_r
03-05-2003
Cathy L. Bradley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Cathy L. Bradley v. United States Postal Service
01A30338
March 5, 2003
.
Cathy L. Bradley,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30338
Agency No. 1E-681-0056-02
DECISION
Complainant filed a timely appeal with this Commission from the final
agency decision dated September 30, 2002, dismissing her complaint of
unlawful employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
In her complaint, filed on May 21, 2002, complainant alleged that she
was subjected to discrimination on the basis of sex when on February 19,
2002, as a result of a grievance class action, she was informed that she
would be paid for holidays under her current married name. As a remedy,
complainant requested $250 for the remaining holidays missed during the
holiday settlement.
The agency dismissed the complaint pursuant to 29 C.F.R. �
1614.107(a)(5)), on the grounds of
mootness. The agency determined the record indicates that as a result of
a grievance settlement, complainant was paid under her married name, and
not under her maiden name. The agency noted that in the EEO Counselor's
Report, the local union submitted only complainant's married name to the
agency finance department, and that a claim for the dates at issue under
her maiden name was resubmitted on May 2, 2002. Further, the agency
indicated that complainant's complaint has been rendered moot because
she was paid $250 in Pay Period 11-02.
Complainant makes no new arguments on appeal.
EEOC Regulation 29 C.F.R. � 1614.107(a)(5) provides for the dismissal of
a complaint when the issues raised therein are moot. To determine whether
the issues raised in complainant's complaint are moot, the factfinder
must ascertain whether (1) it can be said with assurance that there is
no reasonable expectation that the alleged violation will recur; and
(2) interim relief or events have completely and irrevocably eradicated
the effects of the alleged discrimination. See County of Los Angeles
v. Davis, 440 U.S. 625, 631 (1979). When such circumstances exist, no
relief is available and no need for a determination of the rights of
the parties is presented.
Upon review, we find that the agency properly dismissed the complaint
as moot. The record contains a copy of complainant's pay statement for
Pay Period 11-02. Therein, complainant was paid $250 for the grievance
settlement that was the subject of her complaint. We find interim relief
eradicated the effects of the alleged violation. Moreover, the agency
has been able to show that there is no reasonable expectation that the
alleged violation will recur.
Accordingly, the agency's final decision dismissing the complaint on
the grounds of mootness is
AFFIRMED.
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
March 5, 2003
__________________
Date