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.