01a54743
11-22-2005
Yanick Joseph, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Yanick Joseph v. United States Postal Service
01A54743
November 22, 2005
.
Yanick Joseph,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54743
Agency No. 1H-346-0035-03
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency discriminated against her on the
basis of sex (female), when in September 2003, she became aware that
her pay increase had been deferred. Specifically, complainant claimed
that her request for light duty, due to her pregnancy, had been denied.
Complainant further claimed that because she had been denied light duty,
she was subsequently off work for more than thirteen weeks on Leave
Without Pay, which resulted in her pay increase being deferred for
seven weeks.
At the conclusion of the investigation, complainant requested a hearing
before an EEOC administrative judge (AJ). However, in a letter dated
April 5, 2005, complainant withdrew her hearing request and asked for
a final agency decision.
The agency issued a decision finding no discrimination. The agency
determined that even if the evidence is viewed in light most favorable to
complainant, complainant failed to show that she was a victim of unlawful
workplace discrimination. Specifically, agency management stated that
complainant's medical restrictions required her to be seated, and there
was no seated work, at that time, in the facility. Further, at the
time of complainant's request, she was on full restrictions and only
able to walk and stand for one hour. The agency maintained that none
of complainant's comparators, who had previously received seated work,
had limitations that were as restrictive as complainant's. The agency
concluded that there is no evidence in this matter to infer unlawful
discrimination. The agency found that complainant failed to prove by
a preponderance of the evidence that the agency discriminated against her.
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
November 22, 2005
__________________
Date