01a03875
03-29-2001
Lora Griffin, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Lora Griffin v. United States Postal Service
01A03875
03-29-01
.
Lora Griffin,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03875
Agency No. 4H-350-0178-99
Hearing No. 130-A0-8001X
DECISION
On May 11, 2000, Lora Griffin (hereinafter referred to as complainant)
filed a timely appeal from the May 2, 2000, final action of the United
States Postal Service (hereinafter referred to as the agency) concerning
her complaint of unlawful employment discrimination in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.
The appeal is timely filed (see 29 C.F.R. � 1614.402(a)) and is accepted
in accordance with 29 C.F.R. � 1614.405. For the reasons that follow,
the agency's final action is AFFIRMED.
The issue presented in this appeal is whether the complainant has proven,
by a preponderance of the evidence, that the agency discriminated against
her on the bases of race/color (black) and sex when she was not assigned
to Grove Hill (Alabama) in December 1998 or transferred there in February
1999.
Following an investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). On April 10, 2000, the AJ issued a
decision without a hearing finding no discrimination. The agency agreed,
and complainant filed this appeal.
In December 1998, complainant was hired as a Rural Carrier (RCA)
in Whatley, Alabama. She sought an assignment to Grove Hill but was
told that no positions were available at Grove Hill. Previously she
worked at Grove Hill as a temporary relief carrier, a position limited
to 359 days, not within the bargaining unit, and for which she gained
no seniority or retention rights. In February 1999, she learned of a
vacancy at Grove Hill and requested a reassignment, but the agency elected
to fill the position from a hiring worksheet rather than by transfer,
and complainant's name was not on the worksheet; the position was given
to a white female. The AJ concluded that complainant was not initially
assigned or not transferred to Grove Hill because of her race/color or
sex.
In her appeal statement, complainant repeated her claim that she was
not given an opportunity to work at Grove Hill. She also stated that
blacks were treated differently, but provided no specific information,
explanation, or examples of different treatment. None of complainant's
statements demonstrates that the reason she was not placed or transferred
to Grove Hill was based on prohibited considerations of race/color
and sex. After a careful review of the record, the Commission finds
that the decision of the AJ accurately states the facts and correctly
applies the pertinent principles of law. Accordingly, it is the decision
of the Commission to AFFIRM the agency's final action in this matter.<1>
CONCLUSION
Accordingly, the agency's final action was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
_03-29-01_________________
Date
1After review of the record, the Commission also finds that the AJ's
issuance of a decision without a hearing was appropriate.