01994358_young
09-26-2001
William C. Young, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Mid-West Area), Agency.
William C. Young v. United States Postal Service
01994358
September 26, 2001
.
William C. Young,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Mid-West Area),
Agency.
Appeal No. 01994358
Agency No. 4-I-640-0136-98
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that he was discriminated against on the basis of age
(D.O.B. March 13, 1946) when he was not selected into the �associate
supervisor� program. 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.
Complainant may establish a prima facie case of discrimination in the
nonselection context by showing that: (1) he is a member of a protected
class; (2) he was qualified for the position; (3) he was not selected
for the position; and (4) he was accorded treatment different from that
given to persons otherwise similarly situated who are not members of
his protected group or, in the case of age, who are considerably younger
than he. Williams v. Department of Education, EEOC Request No. 05970561
(August 6, 1998); Enforcement Guidance on O'Connor v. Consolidated Coin
Caterers Corp., EEOC Notice No. 915.002 (September 18, 1996).
Complainant has not established of a prima facie case of age
discrimination. It is undisputed that a universally applied requirement
for acceptance into the agency's associate supervisor program was the
achievement of a certain level score on each part of the three-part
entrance examination. It is also undisputed that complainant did not
achieve the requisite score on the mathematics portion of the entrance
examination. For this reason, complainant was not qualified for the
position and, even assuming that he established the other enumerated
criteria, cannot establish a prima facie case of age discrimination.
Complainant also asserts that the agency's hiring process improperly
favors relatives and friends of managers. Favoritism of this type
is not a basis of discrimination prohibited by any of the employment
discrimination statutes enforced by this Commission. Accordingly,
complaints brought on the basis of favoritism, whether in the form of
nepotism or cronyism, are outside the purview of this Commission's
complaint processing regulations. See Rountree v. Department of the
Treasury, EEOC Appeal No. 07A00015 n.8 (July 13, 2001); Moten v. Federal
Energy Regulatory Commission, EEOC Request No. 05940583 n. 1 (October
10, 1995).
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
September 26, 2001
__________________
Date