05A20140
12-21-2001
Kay Boone, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Mid-Atlantic Area) Agency.
Kay Boone v. United States Postal Service
05A20140
December 21, 2001
.
Kay Boone,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Mid-Atlantic Area)
Agency.
Request No. 05A20140
Appeal No. 01996843
Agency No. 4-D-290-0057-98
Hearing No. 140-99-8030X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Kay Boone
v. United States Postal Service, EEOC Appeal No. 01996843 (September 27,
2001). In her complaint, complainant alleges discrimination on the bases
of race (Black) and sex (female) when: (1) on November 10, 1997, she was
yelled at and verbally fired; (2) on November 14, 1997, she was issued
a letter directing her to report to work; (3) by letter dated November
25, 1997, and received on December 3, 1997, she was issued a Notice of
Removal; and (4) on January 2, 1998, her removal became effective.
The Administrative Judge (AJ) issued a summary decision finding no
genuine issue of material fact on any issue alleged by complainant.
The AJ held, inter alia, that complainant did not establish that she was
discharged without cause or that she was singled out for termination while
similarly situated employees not in her protected group were treated more
favorably. Instead, the AJ noted that complainant had admitted several
of the actions outlined in the agency's Notice of Removal. Accordingly,
the record indicated that there was cause for complainant's termination
and complainant had not presented any evidence to rebut the assertions of
the agency. Lastly, the AJ found no evidence presented by complainant
that could raise an inference of discriminatory motives or harassment.
The Commission affirmed the final agency decision which adopted the
recommended decision by the AJ.
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).
On request for reconsideration, complainant notes a typographical error
in the lower decision. Issue No. 3 indicated that the letter was dated
November 25, 1977, rather than November 25, 1997. Complainant also
restates arguments previously considered by the AJ and the Commission
in its lower decision.
After a review of the 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. The decision
in EEOC Appeal No. 01996843 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
December 21, 2001
__________________
Date