0120072307
08-31-2007
Carla H. Hill, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carla H. Hill,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120072307
Agency No. 4J604013206
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's March 8, 2007, final decision concerning
her equal employment opportunity (EEO) complaint claiming employment
discrimination in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq; the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq;
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. Complainant alleged that the agency
discriminated against her on the bases of race (Black), sex (female),
color (Black), age (D.O.B. 9/30/1959), disability (back, thoracic strain),
and reprisal for prior protected EEO activity when (a) on September 15,
2006, she was directed to work beyond her medical restrictions; and (b)
on September 23, 2006, she was given a new limited duty job with a change
in work hours.1
Complainant worked as a letter carrier on limited duty at a facility
in Hazel Crest, IL. Following an investigation, complainant did not
request a hearing, and the agency issued its Final Agency Decision
(FAD). The agency considered complainant's claims and found, assuming,
arguendo, that complainant established a prima facie case on the bases
that she claimed, the agency articulated legitimate, nondiscriminatory
reasons for its actions. Specifically, the agency explained that
her supervisor (S1) was aware of complainant's medical restrictions
regarding casing duties, although S1 could not recall specifically what
happened on the day in question, she maintained that she never gave
complainant instructions that violated her restrictions. According to
S1, complainant work assignments were given based on the work that was
available and within complainant's restrictions. As to her work hours,
the agency stated that complainant's start time was moved ahead to a time
of day where there was available productive work for her. The agency
found that complainant provided no probative evidence to show pretext.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to affirm the agency's final order,
because the preponderance of the evidence of record does not establish
that discrimination occurred.
CONCLUSION
Accordingly, the agency's FAD is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
__8-31-07________________
Date
1 Following a grievance, her original work hours were restored.
There is some indication that, at this time, complainant was removed
from limited duty, because her claim for workers' compensation benefits
was not renewed; however, her status does not affect our decision.
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0120072307
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120072307