05A40756
06-24-2004
Sylvia Tate, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sylvia Tate v. United States Postal Service
05A40756
June 24, 2004
.
Sylvia Tate,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A40756
Appeal No. 01A24423
Agency No. 1J-603-0053-01
DENIAL OF REQUEST FOR RECONSIDERATION
The United States Postal Service (agency) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Sylvia Tate v. United States Postal Service,
EEOC Appeal No. 01A24423 (April 1, 2004). 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).
After a review of the agency'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. 01A24423 remains in effect. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER (D0403)
The agency is ordered to take the following remedial action:
1. Within twenty (20) days of the date of the agency's receipt of this
decision, the agency shall provide, and designate for complainant's use,
a chair that is sufficient to meet her
work needs, as specified by her physician. The agency shall take
whatever steps are necessary to ensure that the chair is available for
complainant's use whenever the complainant is on duty.
2. If the complainant has lost time from work after September 8, 2001 on
account of the agency's failure to provide her with a suitable chair,
the agency shall tender back pay and benefits as set forth in the back
pay paragraph below.
3. Within fifteen (15) calendar days of the date of the agency's
receipt of this decision, the agency shall give complainant a notice
of her right to submit objective evidence in support of her claim for
compensatory damages within forty-five (45) calendar days of the date
complainant receives the agency's notice. The agency shall complete the
investigation on the claim for compensatory damages within forty-five
(45) calendar days of the date the agency receives complainant's claim
for compensatory damages. Thereafter, the agency shall process the
claim in accordance with 29 C.F.R. � 1614.108(f).
4. The agency shall consider taking disciplinary action against the
agency personnel responsible for the failure to provide complainant
with reasonable accommodation. The agency shall report its decision.
If the agency decides to take disciplinary action, it shall identify the
action taken. If the agency decides not to take disciplinary action, it
shall set forth the reason(s) for its decision not to impose discipline.
5. Within ninety (90) days of the date of the agency's receipt of
this decision, the agency shall provide EEO training on rights and
responsibilities under the Rehabilitation Act to the agency personnel
responsible for the failure to provide complainant with reasonable
accommodation. <0>
The agency shall determine the appropriate amount of back pay, with
interest, and other benefits due complainant, pursuant to 29 C.F.R. �
1614.501, no later than sixty (60) calendar days after the date of the
final decision. The complainant shall cooperate in the agency's efforts
to compute the amount of back pay and benefits due, and shall provide
all relevant information requested by the agency. If there is a dispute
regarding the exact amount of back pay and/or benefits, the agency shall
issue a check to the complainant for the undisputed amount within sixty
(60) calendar days of the date of the agency's receipt of this decision
for the amount the agency determines to be due. The complainant may
petition for enforcement or clarification of the amount in dispute.
The petition for clarification or enforcement must be filed with the
Compliance Officer, at the address referenced in the statement entitled
"Implementation of the Commission's Decision."
The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include supporting
documentation of the agency's calculation of back pay and other benefits
due complainant, including evidence that the corrective action has
been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its South Suburban, Illinois Processing
and Distribution Center 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.
ATTORNEY'S FEES (H0900)
If complainant has been represented by an attorney (as defined by
29 C.F.R. � 1614.501(e)(1)(iii)), he/she is entitled to an award of
reasonable attorney's fees incurred in the processing of the complaint.
29 C.F.R. � 1614.501(e). The award of attorney's fees shall be paid
by the agency. The attorney shall submit a verified statement of fees
to the agency -- not to the Equal Employment Opportunity Commission,
Office of Federal Operations -- within thirty (30) calendar days of this
decision becoming final. The agency shall then process the claim for
attorney's fees in accordance with 29 C.F.R. � 1614.501.
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
June 24, 2004
__________________
Date
This Notice is posted pursuant to an Order by the United States Equal
Employment Opportunity Commission dated which found that a
violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. �791
et seq., has occurred at this facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of that person's RACE, COLOR,
RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL DISABILITY
with respect to hiring, firing, promotion, compensation, or other terms,
conditions, or privileges of employment.
The United States Postal Service South Suburban, Illinois Processing
and Distribution Center supports and will comply with such Federal law
and will not take action against individuals because they have exercised
their rights under law.
The United States Postal Service South Suburban, Illinois Processing
and Distribution Center has been found to have discriminated against
the individual affected by the Commission's finding. The United States
Postal Service South Suburban, Illinois Processing and Distribution Center
shall provide the affected individual with reasonable accommodation,
tender back pay and benefits, pay proven compensatory damages, and
pay reasonable attorney's fees and costs. The United States Postal
Service South Suburban, Illinois Processing and Distribution Center will
ensure that officials responsible for personnel decisions and terms and
conditions of employment will abide by the requirements of all Federal
equal employment opportunity laws and will not retaliate against employees
who file EEO complaints.
The United States Postal Service South Suburban, Illinois Processing and
Distribution Center will not in any manner restrain, interfere, coerce,
or retaliate against any individual who exercises his or her right to
oppose practices made unlawful by, or who participates in proceedings
pursuant to, Federal equal employment opportunity law.
______________________________
Date Posted: ____________________
Posting Expires: _________________
29 C.F.R. Part 16140