Beverly J. Mahomes, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Areas), Agency.

Equal Employment Opportunity CommissionMar 16, 2000
05980833 (E.E.O.C. Mar. 16, 2000)

05980833

03-16-2000

Beverly J. Mahomes, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Areas), Agency.


Beverly J. Mahomes v. United States Postal Service

05980833

March 16, 2000

Beverly J. Mahomes,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Allegheny/Mid-Atlantic Areas),

Agency.

Request No. 05980833

Appeal No. 01962519

Agency No. 4-D-290-1013-95

Hearing No. 110-95-8226X

DENIAL OF REQUEST FOR RECONSIDERATION

On June 4, 1998, the United States Postal Service (agency) initiated

a request to the Equal Employment Opportunity Commission (Commission)

to reconsider the decision in Mahomes v. United States Postal Service,

EEOC Appeal No. 01962519 (May 4, 1998).<1> EEOC Regulations provide

that the Commissioners may, in their discretion, reconsider any previous

Commission decision. 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified

and hereinafter referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)).

The party requesting reconsideration must submit written argument

or evidence which tends to establish one or more of the following

two criteria: the appellate decision involved a clearly erroneous

interpretation of material fact or law; or the decision will have a

substantial impact on the policies, practices or operations of the agency.

The agency's request is denied.

After a review of the agency's request for reconsideration, the previous

decision, and the entire record, the Commission finds the agency's request

does not meet the criteria of 29 C.F.R. � 1614.405(b), and it is the

decision of the Commission to deny the agency's request. The decision

of the Commission in EEOC Appeal No. 01962519 remains the Commission's

final decision.<2> There is no further right of administrative appeal

from a decision of the Commission on a request for reconsideration.

ORDER (D1199)

The agency is ORDERED to take the following remedial actions:

1. The agency shall take corrective, curative and preventive action

to ensure that reprisal discrimination does not recur, including but

not limited to providing training to the responsible official(s) at the

East Bay Station of the Charleston, South Carolina Post Office (East Bay

Station), in the law against employment discrimination. Within thirty

(30) calendar days of the date the training is completed, the agency shall

submit to the compliance Officer appropriate documentation evidencing

completion of such training.

2. The agency shall determine the appropriate amount of back pay (with

interest, if applicable) and other benefits due complainant, pursuant

to 29 C.F.R. � 1614.501, no later than sixty (60) calendar days after

the date this decision becomes final. The complainant shall cooperate

in the agency's efforts to compute the amount of back pay and benefits

due, and shall provide all relevant information requested by the agency.

If there is a dispute regarding the exact amount of back pay and/or

benefits, the agency shall issue a check to the complainant for the

undisputed amount within sixty (60) calendar days of the date the

agency determines the amount it believes to be due. The complainant

may petition for enforcement or clarification of the amount in dispute.

The petition for clarification or enforcement must be filed with the

Compliance Officer, at the address referenced in the statement entitled

"Implementation of the Commission's Decision."

The agency is further directed to submit a report of compliance, as

provided in the statement entitled "Implementation of the Commission's

Decision." The report shall include supporting documentation of the

agency's calculation of backpay and other benefits due complainant,

including evidence that the corrective action has been implemented.

3. The issues of compensatory damages and attorney's fees and costs are

REMANDED to the Hearings Unit of the appropriate EEOC field office.

Thereafter, the Administrative Judge shall issue a decision on these

issues in accordance with 29 C.F.R. � 1614.109, and the agency shall issue

a final action in accordance with 29 C.F.R. �1614.110 within forty (40)

days of receipt of the Administrative Judge's decision. The agency shall

submit copies of the decision of the Administrative Judge and the final

agency action to the Compliance Officer at the address set forth below.

POSTING ORDER (G1092)

The agency is ORDERED to post at the East Bay Station copies of the

attached notice. Copies of the notice, after being signed by the

agency's duly authorized representative, shall be posted by the agency

within thirty (30) calendar days of the date this decision becomes final,

and shall remain posted for sixty (60) consecutive days, in conspicuous

places, including all places where notices to employees are customarily

posted. The agency shall take reasonable steps to ensure that said

notices are not altered, defaced, or covered by any other material.

The original signed notice is to be submitted to the Compliance Officer

at the address cited in the paragraph entitled "Implementation of the

Commission's Decision," within ten (10) calendar days of the expiration

of the posting period.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)

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

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

the complainant may petition the Commission for enforcement of the order.

29 C.F.R. � 1614.503(a). The complainant 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 64

Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter

referred to as 29 C.F.R. �� 1614.407, 1614.408), and 29 C.F.R. �

1614.503(g). Alternatively, the complainant 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. �� 1614.407

and 1614.408. 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 complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

March 16, 2000

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_______________ __________________________

Date Equal Employment Assistant

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

An Agency of the United States Government

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated _______________ which found

that a violation of Title VII of the Civil Rights Act of 1964, as

amended, 42 U.S.C. � 2000e et seq. has occurred at this facility.

Federal law requires that there be no discrimination against any

employee or applicant for employment because of the person's RACE,

COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL

DISABILITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions or privileges of employment.

The United States Postal Service, East Bay Station, Charleston, South

Carolina (East Bay Station), supports and will comply with such Federal

law and will not take action against individuals because they have

exercised their rights under law.

The East Bay Station, has been found to have discriminated on the basis

of reprisal when an employee was placed on administrative leave and

subsequently removed. The East Bay Station has been ordered to take

corrective action in the form of training for the responsible official,

and reinstatement and back pay to the individual discriminated against.

The East Bay Station, will ensure that officials responsible for

personnel decisions and terms and conditions of employment will abide

by the requirements of all Federal equal employment opportunity laws

and will not retaliate against employees who file EEO complaints.

The East Bay Station will not in any manner restrain, interfere, coerce,

or retaliate against any individual who exercises his or her right to

oppose practices made unlawful by, or who participates in proceedings

pursuant to, Federal equal employment opportunity law.

Date Posted: _____________________ ____________________

Posting Expires: _________________

29 C.F.R. Part 1614

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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.

2The Commission notes that in complainant's appeal of the previous

decision, she made a request for compensatory damages. In light of

the finding of discrimination therein, complainant will be afforded an

opportunity to present to the Hearings Unit of the appropriate EEOC

field office evidence of any entitlement to compensatory damages and

attorney's fees.