05a30337
03-10-2003
Janice O. Goodman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Janice O. Goodman v. United States Postal Service
05A30337
3/10/03
.
Janice O. Goodman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30337
Appeal No. 01A14992
Agency No. 4K-200-0005-00
Hearing No. 100-A1-7303X
DENIAL OF REQUEST FOR RECONSIDERATION
Janice O. Goodman (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Janice O. Goodman v. United States Postal Service, EEOC
Appeal No. 01A14992 (December 3, 2003). 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).
Complainant filed a formal complaint alleging discrimination on the
basis of disability (back injury, major depression/stress), when:
she was approached by a manager regarding a Department of Labor
overpayment;
she was issued a Notice of Removal for unacceptable conduct; and
the notice of removal was left out so that other employees could view it.
The prior decision affirmed an AJ's finding that there were no material
facts in dispute as to whether complainant had been discriminated against.
In that regard, the prior decision found complainant failed to raise an
inference of discrimination because she failed to establish that similarly
situated individuals outside of her protected class were treated more
favorably under similar circumstances. Furthermore, the AJ found no
dispute in the record that complainant was issued a Notice of Removal for
receiving Office of Worker's Compensation payments after her return to
work. The remaining claims were dismissed for failing to state a claim.
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. In her request,
complainant contends that the Manager was aware complainant suffered from
a disability. Furthermore, she supplies a statement from her treating
physician describing her disability. However, complainant failed to
produce sufficient evidence that would establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
Specifically, complainant failed to identify other individuals who
were not terminated for similar charges, and also failed to produce
any evidence of a discriminatory motive on the part of the manager.
The decision in EEOC Appeal No. 01A14992 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
3/10/03
Date