Belinda M. Travis, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 4, 2003
05A30135 (E.E.O.C. Mar. 4, 2003)

05A30135

03-04-2003

Belinda M. Travis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Belinda M. Travis v. United States Postal Service

05A30135

03-04-03

.

Belinda M. Travis,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A30135

Appeal No. 01A04120

Agency No. 4F-950-0064-99

Hearing No. 370-99-2698X

DENIAL OF REQUEST FOR RECONSIDERATION

Belinda M. Travis (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Belinda M. Travis v. United States Postal Service, EEOC

Appeal No. 01A04120 (September 18, 2002). 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 filed an EEO complaint claiming that she had been

discriminated against on the bases of race (African-American), color

(Black), national origin (African-American), sex (female), religion

(Pentecostal), age (45), disability (unspecified) and reprisal

for prior EEO activity when on December 30, 1998, she was issued a

letter of termination. The complaint was accepted for investigation.

After complainant was issued the report of investigation, she requested a

hearing before an EEOC administrative Judge (AJ). The AJ determined that

the case was appropriate for a decision without a hearing, and issued a

decision finding that the complainant had not been discriminated against.

In his summary judgment decision, issued on February 23, 2000, the AJ

found that there were no material facts in genuine dispute and issued

a decision on the record. The AJ found that complainant had failed to

establish prima facie cases of discrimination for any of her claimed

bases. Assuming arguendo, that complainant had established her prima

facie cases, the agency offered a legitimate non-discriminatory reason for

its action. The AJ found that complainant had been terminated pursuant

to the results of an arbitration agreement, which directed that she

submit to a fitness for duty examination following a prolonged absence

from the workplace. When she was not found to be cleared for work with

no restrictions, the agency terminated her. Complainant failed to show

that this reason was pretext for discrimination. The agency issued a

final order which implemented the AJ's decision. The previous decision

affirmed the agency's implementation of the AJ's decision.

In her request for reconsideration, complainant submitted an argument

in which she attempted to show that the AJ's decision was incorrectly

decided. She had not advanced any of those arguments in her initial

appeal to the Commission. The agency objected to complainant's request

for reconsideration on the grounds that she had not met the criteria

for the granting of reconsideration.

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. We note that the

Commission's scope of review on a request for reconsideration is narrow.

Lopez v. Department of the Air Force, EEOC Request No. 05890749 (September

28, 1989). A request for reconsideration is not merely a form of a second

appeal. Regensberg v. U.S. Postal Service, EEOC Request No. 05900850

(September 7, 1990). Additionally, complainant does not show that the

Commission should reopen her case on its own motion by submitting any

evidence that there was unlawful discrimination involved in the agency's

decision to terminate her. The decision in EEOC Appeal No. 01A04120

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

___03-04-03_______________

Date