01a02696
08-29-2002
Jimmie Capers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Jimmie Capers v. United States Postal Service
01A02696
08-29-02
.
Jimmie Capers,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A02696
Agency No. 1A-111-0042-99
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 claimed discrimination based on race/national origin (black)
and disability (learning-disabled) when he was removed (later reduced
by the agency to a four-month suspension) from his position in December
1998, for falsification of his application.<1> The Commission finds that,
while the agency properly applied the three-pronged disparate treatment
analysis of McDonnell Douglas Corp. v. Green, infra, it erred in finding
that complainant was not adversely affected by the agency's action.
Claims of disparate treatment are examined under the tripartite analysis
first enunciated in McDonnell Douglas Corporation v. Green, 411 U.S. 792
(1973). For complainant to prevail, he must first establish a prima
facie case of discrimination by presenting facts that, if unexplained,
reasonably give rise to an inference of discrimination, i.e., that a
prohibited consideration was a factor in the adverse employment action.
McDonnell Douglas, 411 U.S. at 802; Furnco Construction Corp. v. Waters,
438 U.S. 567 (1978).<2> Once a complainant has established a prima facie
case, the burden then shifts to the agency to articulate a legitimate,
nondiscriminatory reason for its actions. Texas Department of Community
Affairs v. Burdine, 450 U.S. 248, 253 (1981). The burden reverts back to
the complainant to demonstrate by a preponderance of the evidence that
the agency's reasons were a pretext for discrimination. At all times,
complainant retains the burden of persuasion, and it is his obligation
to show by a preponderance of the evidence that the agency acted on the
basis of a prohibited reason. U.S. Postal Service Board of Governors
v. Aikens, 460 U.S. 711, 715-716 (1983).
Assuming that complainant established a prima facie case of discrimination
based on disability and race/national origin, we find that the agency
stated a legitimate, nondiscriminatory reason for its action, i.e.,
that complainant's application contained false or incomplete information
with regard to his criminal records. Since the agency articulated a
legitimate, nondiscriminatory reason for its actions, the burden returns
to complainant to demonstrate that the agency's articulated reason was
a pretext for discrimination. Complainant must show that the agency's
action is not true or more likely than not motivated by discrimination,
that is, that the action was influenced by legally impermissible criteria.
Absent a showing that the agency's articulated reason was used as a tool
to discriminate against him, complainant cannot prevail. We find that
complainant failed to demonstrate that the agency's articulated reason
for its action was pretextual. We find therefore that the agency did
not discriminate against complainant.
CONCLUSION
According, the agency's decision is affirmed, as modified by this
decision.
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
____08-29-02______________
Date
1We note that the reduced penalty was upheld
in an arbitration decision.
2 To establish a prima facie case, a complainant need only present
evidence which, if unrebutted, would support an inference that
the agency's actions resulted from discrimination. See O'Connor
v. Consolidated Coin Caters Corp., 517 U.S. 308, 312 (1996); Enforcement
Guidance on O'Connor v. Consolidated Coin Caters Corp., EEOC Notice
No. 915.002, n. 4 (September 18, 1996).