05A30912
07-28-2003
Janice L. Krszjzaniek, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Janice L. Krszjzaniek v. United States Postal Service
05A30912
July 28, 2003
.
Janice L. Krszjzaniek,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30912
Appeal No. 01A11894
Agency No. 4I-530-0077-99
Hearing No. 260-A0-9047
DECISION ON REQUEST FOR RECONSIDERATION
Janice L. Krszjzaniek (complainant) initiated a request to the Equal
Employment Opportunity Commission (the Commission or EEOC) to reconsider
the decision in Janice L. Krszjzaniek v. United States Postal Service,
EEOC Appeal No. 01A11894 (March 5, 2003). EEOC regulations provide
that the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. � 1614.405(b). The party requesting
reconsideration must submit written argument or evidence which tends
to establish one or more of the following two criteria: the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or the decision will have a substantial impact on the policies,
practices or operations of the agency. Id.
On request for reconsideration, complainant argues that the previous
decision failed to provide her with full relief. She notes that the
AJ awarded her back pay, including overtime and benefits, when she
was charged with absence without leave (AWOL) on April 10, 2000, while
attending a deposition regarding the complaint at hand. The previous
decision upheld the AJ's determination that complainant was subjected
to unlawful retaliation when she was charged with AWOL. However,
the previous decision did not order the agency to compensate her for
that day. Accordingly, she asks that the previous decision's order be
modified to provide her with back pay, including overtime and benefits,
for April 10, 2000. The agency did not respond to complainant's request
for reconsideration.
Upon review of the record, the Commission finds that complainant has
shown that the order in the previous decision did not provide her with
full relief. Accordingly, the Commission modifies the order requiring
the agency to provide complainant with back pay (including overtime and
benefits) for April 10, 2000.
After a review of complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that
complainant's request meets the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to grant the complainant's request.
The order in Appeal No. 01A11894 is modified. There is no further right
of administrative appeal on the decision of the Commission on a Request
to Reconsider.
ORDER
To the extent that it has not already done so, the agency is ordered to
take the following remedial action:
The agency shall reimburse complainant for sick and/or annual leave
she used from January 8, 1999 to May 5, 1999, no later than sixty (60)
calendar days after the date this decision becomes final.
The agency shall pay complainant $350.00 in compensatory damages as
determined the AJ, no later than sixty (60) calendar days after the
date this decision becomes final.
The agency shall consider taking disciplinary action against
the management official identified as being responsible for the
discrimination perpetrated against complainant. The agency shall report
its decision within thirty (30) days after the date that this decision
becomes final. If the agency decides to take disciplinary action,
it shall identify the action taken. If the agency decides not to take
disciplinary action, it shall set forth the reason(s) for its decision
not to impose discipline.
The agency shall determine the appropriate amount of back pay
(with interest, if applicable) and other benefits due complainant
for April 10, 2000, pursuant to 29 C.F.R. � 1614.501, no later than
thirty (30) calendar days after the date this decision becomes final.
The complainant shall cooperate in the agency's efforts to compute
the amount of back pay and benefits due, and shall provide all relevant
information requested by the agency. If there is a dispute regarding the
exact amount of back pay and/or benefits, the agency shall issue a check
to the complainant for the undisputed amount within sixty (60) calendar
days of the date the agency determines the amount it believes to be due.
The complainant may petition for enforcement or clarification of the
amount in dispute. The petition for clarification or enforcement must
be filed with the Compliance Officer, at the address referenced in the
statement entitled "Implementation of the Commission's Decision."
The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation of the
agency's calculation of back-pay and other benefits due complainant,
including evidence that the corrective action has been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its Madison Carrier Annex, Madison,
Wisconsin, copies of the attached notice. Copies of the notice, after
being signed by the agency's duly authorized representative, shall
be posted by the agency within thirty (30) calendar days of the date
this decision becomes final, and shall remain posted for sixty (60)
consecutive days, in conspicuous places, including all places where
notices to employees are customarily posted. The agency shall take
reasonable steps to ensure that said notices are not altered, defaced,
or covered by any other material. The original signed notice is to be
submitted to the Compliance Officer at the address cited in the paragraph
entitled "Implementation of the Commission's Decision," within ten (10)
calendar days of the expiration of the posting period.
ATTORNEY'S FEES (H0900)
If complainant has been represented by an attorney (as defined by
29 C.F.R. � 1614.501(e)(1)(iii)), he/she is entitled to an award of
reasonable attorney's fees incurred in the processing of the complaint.
29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid
by the agency. The attorney shall submit a verified statement of fees
to the agency -- not to the Equal Employment Opportunity Commission,
Office of Federal Operations -- within thirty (30) calendar days of this
decision becoming final. The agency shall then process the claim for
attorney's fees in accordance with 29 C.F.R. � 1614.501.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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
July 28, 2003
__________________
Date
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
An agency of the United States Government
This Notice is posted pursuant to an Order by the United States Equal
Employment Opportunity Commission, dated , which
found that a violation of Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, 42 U.S.C. 2000e et seq. has occurred at this facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect to hiring, firing,
promotion, compensation, or other terms, conditions or privileges of
employment.
The United States Postal Service, Madison Carrier Annex, Madison,
Wisconsin, supports and will comply with such Federal law and will not
take action against individuals because they have exercised their rights
under law.
The United States Postal Service, Madison Carrier Annex, Madison,
Wisconsin, has been ordered to remedy an employee affected by the
Commission's finding that the agency retaliated against her. As a remedy
for the discrimination, the United States Postal Service, Madison Carrier
Annex, Madison, Wisconsin, was ordered to pay back pay, including overtime
and benefits; to pay the employee compensatory damages; and to consider
discipline for the agency official found to have discriminated against
the affected employee. The United States Postal Service, Madison Carrier
Annex, Madison, Wisconsin, will ensure that officials responsible for
personnel decisions and terms and conditions of employment will abide
by the requirements of all Federal equal employment opportunity laws.
The United States Postal Service, Madison Carrier Annex, Madison,
Wisconsin, will not in any manner restrain, interfere, coerce, or
retaliate against any individual who exercises his or her right to oppose
practices made unlawful by, or who participates in proceedings pursuant
to, Federal equal employment opportunity law.
________________________
Date Posted: ________________
Posting Expires: _____________
29 C.F.R. Part 1614