Karen G. Rodgers, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 11, 2003
05a40053 (E.E.O.C. Dec. 11, 2003)

05a40053

12-11-2003

Karen G. Rodgers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Karen G. Rodgers v. United States Postal Service

05A40053

12/11/03

.

Karen G. Rodgers,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A40053

Appeal No. 01A24408

Agency No. 1D-291-0051-99

Hearing No. 140-AO-8155X

DENIAL OF REQUEST FOR RECONSIDERATION

Karen G. Rodgers (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Karen G. Rodgers v. United States Postal Service, EEOC

Appeal No. 01A24408 (September 4, 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 the agency discriminated

against her on the bases of race (White), sex (female), and disability

(major depression) when, on July 1, 1999, she was issued a Notice of

Removal charging her with a violation of her Last Chance Agreement.

After a hearing, an EEOC Administrative Judge found complainant had not

proven she was subjected to discrimination. The prior decision affirmed

the AJ's finding of no discrimination.

In her request for reconsideration, complainant states that the AJ

erred when she determined complainant was not an individual with

a disability. Complainant also contends that the agency failed to

accommodate her disability. 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. Complainant exceeded the number of allowed unscheduled

absences during the time period covered by the Last Chance Agreement.

Furthermore, complainant failed to establish, by a preponderance of the

evidence, that her disability, race or sex were factors in her removal,

as opposed to her numerous unscheduled absences. Accordingly, we find

complainant failed to establish that the prior decision involved a

clearly erroneous interpretation of material law or fact. The decision

in EEOC Appeal No. 01A24408 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

12/11/03

Date