01A01540_01A01546
09-16-2002
William A. Taylor, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
William A. Taylor v. United States Postal Service
01A01540, 01A01546
09-16-02
.
William A. Taylor,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal Nos. 01A01540
01A01546
Agency No. 1H-326-0057-98
1H-326-0007-98
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeals from the agency's two final decisions in the above-entitled
matters. In EEOC Appeal No. 01A01540 (Complaint No. 1H-326-0057-98),
complainant alleged discrimination based on race (Caucasian), sex (male),
disability (50% disabled veteran/workers compensation)<1> and reprisal
for engaging in prior EEO activity when, on July 13, 1998, management
failed to abide by his limited duty job offer and he was forced to use
sick leave. In EEOC Appeal No. 01A01546 (Complaint No. 1H-326-0007-98),
complainant alleged discrimination based on race (Caucasian), sex (male)
and disability (shoulder) when he was not allowed to work until November
26, 1997, after accepting a limited duty job assignment which he had
previously rejected on November 20, 1997. After a review of the two
records in their entirety, including consideration of all statements
submitted on both appeals, it is the decision of the Equal Employment
Opportunity Commission to affirm the agency's two final decisions because
the preponderance of the evidence of record does not establish that
discrimination occurred in either case.<2>
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in
these cases 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
__09-16-02________________
Date
1Although, in his complaint, complainant described his disability as
stated above, his affidavit lists �problems� such as arthritis, bursitis,
tendinitis, and joint injuries. According to complainant, these problems
were most prevalent in his lower back, hips, knees and shoulders.
2In reaching the above decision, we assumed, for analytical purposes
only, that complainant is within the protection of the Rehabilitation
Act as alleged.