Renea G. Daniels, Complainant,v.John E. Potter, Postmaster General, United States Postal Service (Southwest Area), Agency.

Equal Employment Opportunity CommissionOct 16, 2003
05A31262 (E.E.O.C. Oct. 16, 2003)

05A31262

10-16-2003

Renea G. Daniels, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southwest Area), Agency.


Renea G. Daniels v. United States Postal Service

05A31262

October 16, 2003

.

Renea G. Daniels,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service

(Southwest Area),

Agency.

Request No. 05A31262

Appeal No. 01A21631

Agency No. 4G-7000029-97

Hearing No. 270-99-9153X

DENIAL OF REQUEST FOR RECONSIDERATION

Renea G. Daniels (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Renea G. Daniels v. United States Postal Service, EEOC

Appeal No. 01A21631 (June 16, 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).

In the decision below, the Administrative Judge, following a hearing,

concluded that the agency discriminated against complainant, in violation

of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42

U.S.C. � 2000e et seq., on the basis of her participation in protected

EEO activity.<1> The Administrative Judge (AJ) found that the manager

of Customer Service warned complainant several times about filing EEOs

(sic). The AJ awarded complainant $7,500 in compensatory damages for the

emotional distress she suffered and $400 in unreimbursed medical and drug

treatment that she received in connection with the discrimination.<2>

The agency fully implemented the AJ's conclusions and damages award.

Complainant requests reconsideration of the AJ's compensatory damages

award and argues that the $7,500 award does not sufficiently remedy the

damages the emotional pain and suffering she has incurred.<3>

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. We note

that complainant's arguments in her request for reconsideration fail

to address the issue of causation between her damages and the unlawful

retaliation which occurred in July 1996. Moreover, complainant failed

to show any error in the previous decision.

Accordingly, the decision in EEOC Appeal No. 01A21631 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.

ORDER (C0900)

To the extent it has not done so, the agency is ordered to take the

following remedial action:

The agency shall award complainant $7,900.00 in non-pecuniary

compensatory damages no later than sixty (60) calendar days after the

date that this decision becomes final.

The agency shall provide a minimum of eight (8) hours of remedial

training for all managers and supervisors involved on their

responsibility to prevent retaliation no later than sixty (60) calendar

days after the date this decision becomes final.

The agency is further directed submit a report of compliance, as provided

in the statement entitled �Implementation of the Commission's Decision.�

The report shall include supporting evidence that the corrective action

has been implemented.

POSTING ORDER (G0900)

The agency is ordered to post at its Baton Rouge, Louisiana facility

copies of the attached notice. Copies of the notice, after being

signed by the agency's duly authorized representative, shall be posted

by the agency within thirty (30) calendar days of the date this decision

becomes final, and shall remain posted for sixty (60) consecutive days,

in conspicuous places, including all places where notices to employees are

customarily posted. The agency shall take reasonable steps to ensure that

said notices are not altered, defaced, or covered by any other material.

The original signed notice is to be submitted to the Compliance Officer

at the address cited in the paragraph entitled "Implementation of the

Commission's Decision," within ten (10) calendar days of the expiration

of the posting period.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

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

October 16, 2003

__________________

Date

1 The AJ found no discrimination with respect

to all other claims alleged.

2 Complainant was provided the opportunity to supplement the record on

the issue of compensatory damages prior to the AJ's decision on damages.

3 However, complainant does not assert a specific monetary amount that

would sufficiently remedy her damages.