Virginia H. Files, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 10, 2004
01A40644_01A45011 (E.E.O.C. Nov. 10, 2004)

01A40644_01A45011

11-10-2004

Virginia H. Files, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Virginia H. Files v. United States Postal Service

01A40644 & 01A45011

11-10-04

.

Virginia H. Files,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal Nos. 01A40644 & 01A45011

Agency No. 4-H-350-0093-02 & 4-H-350-0147-03

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's

appeals from the agency's final decisions in the above-entitled

matters. In accordance with 29 C.F.R. � 1614.606, these appeals have been

consolidated for joint processing. Complainant filed two complaints in

which she claimed that the agency discriminated against her in violation

of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. �

2000e, et seq. In Complaint No. 4-H-350-0093-02, complainant claimed:

That the agency discriminated against her on the bases of race (black)

and color (brown) on November 20, 2001, by not selecting her for the

position of EEO Dispute Resolution Manager (DRM) , EAS-19; and

That the agency retaliated against complainant for her previous EEO

activity on March 12, 2002, by denying her the opportunity for a detail

to the DRM position.

In Complaint No. 4-H-350-0147-03, complainant claimed that the agency

discriminated against her on the bases of race (black), color (brown),

and reprisal (previous EEO activity) when:

On June 6, 2003, complainant was informed that the DRM position had been

re-posted after the initial selectee declined it; and

On July 16, 2003, complainant became aware that the DRM position had

been offered to another applicant.

After a review of the record in its entirety, including consideration

of all statements submitted on appeal, it is the decision of the Equal

Employment Opportunity Commission to affirm the agency's final decision

because the preponderance of the evidence of record does not establish

that discrimination occurred.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

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

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

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

____11-10-04______________

Date