05A20803
08-07-2002
J. Whitaker Jones, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters), Agency.
J. Whitaker Jones v. United States Postal Service
05A20803
August 7, 2002
.
J. Whitaker Jones,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters),
Agency.
Request No. 05A20803
Appeal No. 01A21736
Agency No. HO001400
DENIAL OF REQUEST FOR RECONSIDERATION
J. Whitaker Jones (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in J. Whitaker Jones v. United States Postal Service,
EEOC Appeal No. 01A21736 (May 2, 2002). Complainant alleged that he
was discriminated against on the bases of his sex (male) and age (DOB:
August 18, 1934) in violation of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq. when he was subjected to the following agency actions:
on June 15, 1999, he received an email stating that leave must be
requested on Form 3971 with appropriate approval; and
on September 17, 1999, he was informed that his request for four
(4) hours of leave would be disapproved unless he submitted medical
documentation.
Many of the facts which preceded the underlying complaint are not in
dispute. Regarding (1), the record reveals that complainant requested
5 hours of leave. Complainant's supervisor (RMO) pointed out that
requests for leave must be made on Form 3971 under the provisions of
the Employee and Labor Relations Manual (ELM). There was no evidence
that the rule itself, or its application was intended to discriminate
against complainant on the bases of his membership in any protected class.
Regarding (2) complainant asserts that he was improperly treated with
respect to his request for 4 hours of sick/annual leave. The record
reveals that under the ELM, employees may only request 4 or fewer hours
of leave as personal leave. The leave requested (annual/sick leave) by
complainant was only available in 8 hour increments. Nevertheless, RMO
agreed to approve complainant's request for 4 hours of leave if he could
prove that he was using the leave to visit his doctor, as he represented.
We find no evidence that the RMO discriminated against complainant in
enforcing the agency's leave policy.
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).
After a review of 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. 01A21736 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
August 7, 2002
__________________
Date