Annette J. Reid, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency,

Equal Employment Opportunity CommissionNov 4, 1999
05981133 (E.E.O.C. Nov. 4, 1999)

05981133

11-04-1999

Annette J. Reid, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency,


Annette J. Reid v. United States Postal Service

05981133

November 4, 1999

Annette J. Reid, )

Appellant, )

)

v. ) Request No. 05981133

) Appeal No. 01974829

William J. Henderson, ) Agency No. 4H-320-0083-97

Postmaster General, )

United States Postal Service, )

Agency, )

)

DECISION ON REQUEST FOR RECONSIDERATION

Appellant timely initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Annette J. Reid v. William

J. Henderson, Postmaster General, United States Postal Service, EEOC

Appeal No. 01974829 (July 29, 1998). EEOC regulations provide that the

Commission may, in its discretion, reconsider any previous decision.

29 C.F.R. � 1614.407(a). The party requesting reconsideration must

submit written argument or evidence that tends to establish one or more

of the three criteria prescribed by 29 C.F.R. � 1614.407(c): that new and

material evidence was available that was not available when the previous

decision was issued, 29 C.F.R. � 1614.407(c)(1); that the previous

decision involved an erroneous interpretation of law or regulation, or

material fact, or a misapplication of established policy, 29 C.F.R. �

1614.407(c)(2); or that the decision is of such exceptional nature as

to have substantial precedential effects, 29 C.F.R. � 1614.407(c)(3).

For the reasons set forth herein, the Commission grants appellant's

request.

Appellant filed a complaint in which she described three incidents

allegedly involving discrimination on the bases of race (Black), gender,

age (48), and reprisal for prior EEO activity:

On December 19, 1996, appellant was given a route check;

On December 20, 1996, appellant was told about her delivery techniques

and threatened with discipline if she did not improve; and

On December 31, 1996, appellant was charged with 1.15 hours of

unauthorized overtime.

Appellant characterized her complaint as one of harassment in

connection with the terms and conditions of her employment.<1> In

accepting the complaint, however, the agency did not frame the issue as a

terms-and-conditions claim. Instead, the agency treated each incident as

if it were a separate allegation of discrimination. It accepted incidents

(1) and (3) and dismissed incident (2) for failure to state a claim.

The previous decision summarily affirmed. When confronted with claims

like this, the agency cannot ignore the pattern aspect of these claims

and define the issues in a piecemeal manner, as it appears to have done.

Ferguson v. Department of Justice, EEOC Request No. 05970792 (March

30, 1999). We will therefore direct the agency to process appellant's

complaint as a single claim of discrimination, and to treat each incident

described in that complaint as evidence that either supports or refutes

her claim.

After a review of the appellant's request for reconsideration, the

agency's response, the previous decision, and the entire record, the

Commission finds that the appellant's request meets the criteria of 29

C.F.R. � 1614.407(c). It is therefore the decision of the Commission

to grant appellant's request. The decision of the Commission in

EEOC Appeal No. 01974829 is reversed. That portion of the agency's

May 13, 1997 decision dismissing incident (2) is reversed. The agency

shall process appellant's complaint in accordance with our order below.

There is no further right of administrative appeal from a decision of

the Commission on request for reconsideration.

ORDER (E1092)

The agency is ORDERED to process appellant's complaint in accordance with

29 C.F.R. � 1614.108. The investigation shall include a thorough review

of all of the circumstances surrounding the incidents that allegedly took

place on December 19, 20, and 31, 1996. The agency shall acknowledge to

the appellant that it has received the remanded allegations within thirty

(30) calendar days of the date that it receives this decision. The agency

shall issue to appellant a copy of the investigative file and also shall

notify appellant of the appropriate rights within one hundred fifty

(150) calendar days of the date that it receives this decision, unless

the matter is otherwise resolved prior to that time. If the appellant

requests a final decision without a hearing, the agency shall issue a

final decision within sixty (60) days of receipt of appellant's request.

A copy of the agency's letter of acknowledgment to appellant and a copy

of the notice that transmits the investigative file and notice of rights

must be sent to the Compliance Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)

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 appellant.

If the agency does not comply with the Commission's order, the appellant

may petition the Commission for enforcement of the order. 29 C.F.R. �

1614.503 (a). The appellant 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. �� 1614.408,

1614.409, and 1614.503 (g). Alternatively, the appellant 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. ��

1614.408 and 1614.409. 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) (Supp. V 1993). If the appellant files a civil

action, the administrative processing of the complaint, including any

petition for enforcement, will be terminated. See 29 C.F.R. � 1614.410.

RIGHT TO FILE A CIVIL ACTION (R0993)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some

jurisdictions have interpreted the Civil Rights Act of 1991 in a manner

suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR

DAYS from the date that you receive this decision. To ensure that your

civil action is considered timely, you are advised to file it WITHIN

THIRTY (30) CALENDAR DAYS from the date that you receive this decision

or to consult an attorney concerning the applicable time period in the

jurisdiction in which your action would be filed. In the alternative,

you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR

DAYS of the date you filed your complaint with the agency, or filed your

appeal with the Commission. 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.

Filing a civil action will terminate the administrative processing of

your complaint.

RIGHT TO REQUEST COUNSEL (Z1092)

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:

November 4, 1999

_______________ ______________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat

1Terms and conditions of employment include, but are not limited to:

promotion; demotion; discipline; reasonable accommodation; appraisals;

awards; training; benefits; assignments; overtime; leave; tours of duty;

etc. Cobb v. Department of the Treasury, EEOC Request No. 05970077 (March

13, 1997).