01A22566_r
09-04-2002
Laurie Raines, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Laurie Raines v. United States Postal Service
01A22566
September 4, 2002
.
Laurie Raines,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A22566
Agency No. 1-I-554-0041-00
Hearing No. 260-A1-9162X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter. <1>
In her complaint, complainant, a mail-handler at the agency's
Minneapolis, Minnesota, Northland District, postal facility, claimed
discrimination on the bases of race (white), sex (female), age (50),
and disability (right elbow and arm) and in reprisal for prior protected
activity when on July 28, 2000, the agency placed her in Emergency Off
Duty Status following a contentious exchange with a Manager concerning
a hazardous condition report filed by complainant, and subsequently
issued her a letter of warning for her conduct during this exchange.
Complainant additionally claimed that the agency denied her request for
a union steward for her meeting with the aforementioned Manager.
The agency investigated the complaint, and transferred the case to an
EEOC Administrative Judge (AJ) who rendered a decision without a hearing,
finding no discrimination. In reaching this conclusion, the AJ found that
even assuming arguendo that complainant established a prima face case of
discrimination on each basis she alleged, she failed to provide sufficient
evidence that the legitimate non-discriminatory reasons articulated by
the agency were a mere pretext for discrimination. The agency's final
order adopted the AJ's determination of no discrimination.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, the Commission finds that the AJ
properly issued a decision without a hearing in this case, and we conclude
that the record supports the AJ's ultimate finding, that complainant
failed to prove discrimination by a preponderance of the evidence.
Accordingly, the Commission AFFIRMS the agency's final action.
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
September 4, 2002
__________________
Date
1Commission records reflect that complainant filed the instant appeal
on April 9, 2002, prior to the agency's issuance of its final order on
April 18, 2002. Additionally, we note that the agency issued its final
order more than 40-days after its receipt of the Administrative Judge's
January 8, 2002 decision. Therefore, because the agency did not issue
a final action within 40-days of receipt of the administrative judge's
decision, the decision of the administrative judge is hereby deemed
to be the final action of the agency. See 29 C.F.R. � 1614.109(i).
Accordingly, we find that complainant's appeal is proper and we accept
the appeal pursuant to 29 C.F.R. � 1614.405.