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