05A20551
06-25-2002
Joann Hughes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Joann Hughes v. United States Postal Service
05A20551
June 25, 2002
.
Joann Hughes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A20551
Appeal No. 01A20529
Agency No. 4C-440-0063-00
Hearing No. 220-A1-5006X
DENIAL OF REQUEST FOR RECONSIDERATION
Joann Hughes (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Joann Hughes v. United States Postal Service, EEOC Appeal
No. 01A20529 (February 14, 2002). Complainant alleged that she was
discriminated against on the bases of race (Black), sex (female), and
disability (Carpal Tunnel) in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. and Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq. when:
on October 16, 1999, and through November 17, 1999, she was repeatedly
asked to perform duties which she could not perform;
on December 30, 1999, she was forced to relocate and/or accept a limited
duty job offer; and
on November 17, 1999, and through January 4, 2000, she lost wages and
annual leave.<1>
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. In so finding, we concur
with findings of the Administrative Judge that she failed to demonstrate
a nexus between the actions she complained of and her membership in any
protected class. In addition, complainant failed to show that she was
denied a reasonable accommodation because complainant failed to establish
that her assignments exceeded her medical limitations. Accordingly,
the decision in EEOC Appeal No. 01A20529 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
June 25, 2002
__________________
Date
1 The Rehabilitation Act was amended in 1992
to apply the standards of the Americans with Disabilities Act (ADA)
to complaints of discrimination by federal employees or applicants
for employment.