Sara J. Crumley, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 6, 2003
05a31106 (E.E.O.C. Oct. 6, 2003)

05a31106

10-06-2003

Sara J. Crumley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Sara J. Crumley v. United States Postal Service

05A31106

10-06-03

.

Sara J. Crumley,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A31106

Appeal No. 01A20202

Agency No. 4H-310-0071-98

DENIAL OF REQUEST FOR RECONSIDERATION

Sara J. Crumley (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Sara J. Crumley v. United States Postal Service, EEOC

Appeal No. 01A20202 (July 10, 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 her complaint, complainant claimed discrimination based on age (53)

and disability (stress, headaches, depression, panic attacks, back injury)

with regard to two letters of warning (LOWs) (October 1997), denial of

clocking-in (November 1997), and denial of a craft change (December 1997)

and advice to file for disability retirement. The agency explained that

complainant received LOWs for several instances of unauthorized overtime

and misuse of her vehicle, and when she sought a change in crafts, her

request was denied because she had a record of disciplinary actions.

Also, in support of her request to change crafts, her doctor wrote a

letter, which indicated that she was unable to perform her job as a

letter carrier, and she was not allowed to clock-in. In response to

the agency's reasons, complainant did not demonstrate pretext, that is,

that the agency's reasons were not the true reasons and that they were

a sham or mask for discrimination.

In her request, complainant contends that others may have been treated

differently, although she does not explain her bases of comparison

to others. Also, she stated that her doctor's letter was submitted in

support of her request to change crafts and not as a statement of her

ability to work, although it indicated she could not perform her assigned

job. 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. The decision

in EEOC Appeal No. 01A20202 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.

STATEMENT OF COMPLAINANT'S RIGHTS ON 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

____10-06-03______________

Date