05a00955
11-29-2000
Aida Underwood, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Pacific Area), Agency.
Aida Underwood v. United States Postal Service
05A00955
November 29, 2000
.
Aida Underwood,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Request No. 05A00955
Appeal No. 01993279
Agency No. 4F-913-0109-98
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Aida
Underwood v. United States Postal Service, EEOC Appeal No. 01993279
(May 24, 2000).<1> EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where the
requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
Complainant alleged discrimination on the bases of race
(Mexican/Hispanic), sex (Female) and age (DOB: 9/22/47) when on August
21, 1997, and continuing through June 20, 1998, she was harassed and
threatened with discipline, given excessive work, told to hustle, insulted
and issued a seven-day suspension. The appellate decision affirmed the
Final Agency Decision's (FAD) finding of no discrimination. Specifically,
the FAD found no prima facie case established when complainant failed to
identify comparative employees, outside complainant's protected classes
who were treated more favorably than complainant. In addition, the
FAD noted that it stated a legitimate, non-discriminatory reason for
its employment actions. Record testimony disclosed that complainant
was never harassed, but rather only given expectations and performance
feedback. In addition, complainant was never given extra work because
of her inability to complete her own assignments. With respect to
the seven-day suspension, the record shows that such suspension was
in response to complainant's loud outburst on the workroom floor.
The agency also found the record devoid of evidence which would support
a finding of discriminatory animus or pretext. Accordingly, the agency
found no discrimination.
Complainant raises no contentions in her request for reconsideration.
Accordingly, after a review of complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds that
the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01993279 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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 29, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.