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).