01a54733
11-23-2005
Deborah Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Deborah Williams v. United States Postal Service
01A54733
November 23, 2005
.
Deborah Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54733
Agency No. 4J-606-0146-04
Hearing No. 210-2005-00099X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency had discriminated against her
on the bases of sex (female), disability (accelerated hypertension;
bronchial asthma; lower back pain)<1>, age (D.O.B. 6/14/58), and
reprisal for prior EEO activity in connection with the terms and
conditions of her employment. Specifically, complainant claimed 1)
that management reprimanded her for not being a team player; told her
that she was to work the window everyday from 8:15 a.m. to 1:30 p.m.,
and that her Customer Service Manager threatened to remove her from the
Postal Service if the observers that were sent to the station caught
her not smiling while she waited on the customers; 2) a Customer Service
Manager told her that he was not going to do the pay adjustments for her
annual leave; 3) supervisors failed to complete a pay adjustment for her;
4) management harassed her about her complaints to the Lead Executive;
5) supervisors denied her leave requests; 6) she was overlooked for
Sales Associate training; and 7) she was not evaluated for the Employee
Performance Award Program.
At the conclusion of the investigation, complainant requested a hearing
before an EEOC administrative judge (AJ). On March 14, 2005, complainant
was ordered to show cause by close of business on March 28, 2005, for
failure to file prehearing submissions. On March 31, 2005, complainant's
request for a hearing was dismissed with prejudice, and this matter was
remanded to the agency for issuance of a final agency decision.
The agency issued a decision finding no discrimination. The agency
determined that even if the evidence is viewed in light most favorable
to complainant, complainant failed to show that she was a victim of
unlawful workplace discrimination. Specifically, agency management
stated that all window clerks assigned to the station were given talks
on public courtesy; complainant was instructed to work the window for
the prescribed time frame because she was the only clerk not assigned
to other duties during the time in question; a few requests for annual
leave were denied because of lack of coverage at the station; leave
and pay adjustments had to be made at a different postal station, as
complainant had worked there for the time at issue; complainant was not
overlooked for training, but it had been rescheduled due to the trainer's
vacation, and complainant had left the (prior) postal station before she
could take the training and also receive copies of her evaluation for the
Employee Performance Award program; and complainant's claim of harassment
lacks merit because complainant never detailed what behavior management
actually engaged in to warrant such a claim. The agency concluded that
there is no evidence in this matter to infer unlawful discrimination.
The agency found that complainant failed to prove by a preponderance of
the evidence that the agency discriminated against her.
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 decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
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
November 23, 2005
__________________
Date
1For purposes of analysis, the Commission assumes, without finding, that
complainant is a person with a disability. See 29 C.F.R. � 1630.2(g)(1).