05a40158
12-29-2003
Brenda K. Geiger, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Brenda K. Geiger v. United States Postal Service
05A40158
12/29/03
.
Brenda K. Geiger,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A40158
Appeal No. 07A10083
Agency No. 1D-291-0021-97
Hearing No. 140-98-9037X
DENIAL OF REQUEST FOR RECONSIDERATION
Brenda K. Geiger (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Brenda K. Geiger v. United States Postal Service, EEOC
Appeal No. 07A10083 (October 2, 2003). 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 a formal complaint alleging she was discriminated
against on the basis of disabilities (back and shoulder injury) when,
on December 31, 1996, she was not reappointed to her casual position.
Following a hearing, an EEOC Administrative Judge issued a decision
finding that complainant was discriminated against when she was
not reappointed. Specifically, the AJ determined that the agency
regarded complainant as disabled and failed to articulate a legitimate,
nondiscriminatory reason for failing to reappoint her.
The agency issued its final order not implementing the AJ's decision,
and complainant appealed. The prior decision found that the AJ erred
when he determined that the agency regarded complainant as an individual
with a disability. Although the record revealed that agency officials
were aware that complainant suffered an on-the-job injury, there was no
evidence that agency officials regarded complainant as an individual
with a disability as defined by the Rehabilitation Act. Furthermore,
the prior decision found no evidence that complainant's impairments rose
to the level of a disability under the law, or that she had a record of
a disability.
In her request, complainant states that her impairment substantially
limits the major life activities of manual tasks and taking care
of herself. As such, she states she satisfied the definition of an
individual with a disability. 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. The decision in EEOC Appeal No. 07A10083 remains the
Commission's final decision. Complainant failed to establish that the
prior decision involved a clearly erroneous interpretation of material
law or fact. Complainant's argument that she submits on reconsideration
regarding her limitation of major life activities is in direct conflict
with testimony she provided at the hearing, where she testified that
her impairment did not affect her ability to take care of herself.
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
12/29/03
Date