07a40075
09-28-2004
Yvonne E. Brazier, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Yvonne E. Brazier v. United States Postal Service
07A40075
09-28-04
.
Yvonne E. Brazier,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 07A40075
Agency No. 4H-350-0131-02
Hearing No. 130-2003-08159x
DECISION
On March 12, 2004, the United States Postal Service (agency) filed an
appeal from the decision of the Administrative Judge (AJ), finding
that the agency violated Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq., when it discriminated against
Yvonne E. Brazier (complainant) on the basis of religion (AME Church)
when it failed to accommodate her religious beliefs April 30, 2002.<1>
The appeal is timely filed (see 29 C.F.R. � 1614.402(a)) and is accepted
in accordance with 29 C.F.R. � 1614.405. Complainant also filed an appeal
from the agency's final order, which was closed, and we consider that
appeal in this decision. See EEOC Appeal No. 01A42962 (May 19, 2004).
Pursuant to 29 C.F.R. � 1614.405(a), all post-hearing factual findings
by an AJ will be upheld if supported by substantial evidence in
the record. Substantial evidence is defined as �such relevant
evidence as a reasonable mind might accept as adequate to support a
conclusion.� Universal Camera Corp. v. National Labor Relations Board,
340 U.S. 474, 477 (1951) (citation omitted). A finding regarding
whether or not discriminatory intent existed is a factual finding.
See Pullman-Standard Co. v. Swint, 456 U.S. 273, 293 (1982). After a
thorough review of the record and hearing testimony in its entirety,
including consideration of all statements submitted on appeal, it is the
decision of the Commission that the AJ accurately stated the facts and
correctly applied the pertinent principles of law and that her decision
is supported by substantial evidence in the record. We find that the
decision of the AJ, finding that unlawful employment discrimination based
on religion was proven by a preponderance of the evidence, is supported
by the record. We also find that the decision of the AJ, finding that
unlawful employment discrimination based on race and reprisal was not
proven by a preponderance of the evidence, is supported by the record
CONCLUSION
Accordingly, the Commission finds that the agency discriminated against
complainant based on religion when her days off were changed and that
the agency did not discriminate against complainant based on race and
reprisal. The agency is directed to comply with the Order, below.
ORDER<2>
The agency is ordered to take the following remedial action:
A. Within sixty (60) days of the date this decision becomes final,
the agency shall reimburse complainant for leave taken where the agency
failed to reasonably accommodate her religious beliefs, with interest,
from April 30, 2002, until her separation from the agency.
B. Within sixty (60) days of the date this decision becomes final,
the agency shall pay complainant $4,000, in non-pecuniary compensatory
damages.
C. Within three months of the date this decision becomes final, the agency
shall provide training to agency managers involved in the decision to deny
complainant's request for religious accommodation. Such training shall
emphasize these employees' responsibilities with respect to eliminating
discrimination in the federal workplace and under the equal employment
opportunity laws.
D. The agency shall consider appropriate disciplinary action against the
agency managers involved in the decision to deny complainant's request
for religious accommodation. 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. The Commission does not consider
training to be a disciplinary action.
E. 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 for leave due complainant, including
evidence that the corrective action has been implemented. Copies of
all submissions to the Commission shall be sent to complainant.
POSTING ORDER (G0900)
The agency is ordered to post at its P&D Center in Mobile, AL, 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.
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
___09-28-04_______________
Date
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AN AGENCY OF THE UNITED STATES GOVERNMENT
This Notice is posted pursuant to an Order by the
United States Equal Employment Opportunity Commission dated
which found that a violation of Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq., has occurred at this facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE or DISABILITY with respect to hiring, firing,
promotion, compensation, or other terms, conditions or privilege of
employment.
The United States Postal Service, P&D Center, Mobile, Alabama, supports
and will comply with such Federal law and will not take action against
individuals because they have exercised their rights under the law.
The Commission found that the agency engaged in discrimination based on
religion when it failed to accommodate an employee's religious beliefs,
and it has remedied the employee affected by the Commission's finding
of discrimination based on religion by reimbursement for leave taken,
an award of compensatory damages, and training for agency managers.
The United States Postal Service, P&D Center, Mobile, Alabama, will
ensure that officials responsible for personnel decisions and terms and
conditions of employment will abide by the requirements of all federal
equal employment laws and will not subject employees to discrimination
on the basis of their religious beliefs.
The United States Postal Service, P&D Center, Mobile, Alabama, 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 participated in proceedings pursuant to, Federal
equal employment opportunity law.
Date Posted:
Posting Expires:
29 C.F.R. Part 1614.
1Complainant's claims based on race (black) and reprisal were also
addressed by the AJ. She found that the agency did not discriminate
against complainant on these bases, and the agency agreed to implement
that portion of the AJ's decision.
2We note that complainant is no longer employed by the agency.