0520080685
09-04-2008
Barbara Nowak, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Barbara Nowak,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080685
Appeal No. 0120065231
Hearing No. 230-2004-00250X
Agency No. 1J428003802
DENIAL
Complainant timely requested reconsideration of the decision in Barbara
Nowak v. United States Postal Service, EEOC Appeal No. 0120065231 (May
30, 2008). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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).
In her underlying complaint, complainant alleged that the agency
discriminated against her, in violation of Section 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq., on the
bases of her disability (physical) and in reprisal for prior protected
EEO activity when beginning on June 29, 2002, management denied her
work within her medical restrictions.1 Following a hearing, the EEOC
Administrative Judge (AJ) assigned to the case issued a decision finding
no discrimination. The AJ concluded that assuming, arguendo, complainant
established that she was a qualified individual with a disability
under the Rehabilitation Act, she failed to show that the agency denied
her work within her medical restrictions. The AJ further found that
complainant failed to show that she was subjected to unlawful reprisal.
The agency's final order adopted the AJ's finding of no discrimination.
On appeal, the Commission affirmed the agency's final order.
In her request for reconsideration, complainant reiterates her contention
that the agency refused to provide her with work commensurate with her
medical restrictions. We find, however, that complainant's arguments
were fully considered on appeal, and after reconsidering 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. 0120065231 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z0408)
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
September 4, 2008
__________________
Date
1 In her formal complaint, complainant also alleged that she was
discriminated against on the bases of her sex and age, but subsequently
withdrew those additional bases.
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0520080685
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080685