Catherine R. Mannix, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 15, 2009
0520090324 (E.E.O.C. May. 15, 2009)

0520090324

05-15-2009

Catherine R. Mannix, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Catherine R. Mannix,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520090324

Appeal No. 0120090419

Hearing No. 530200700129X

Agency No. 4C250005806

DENIAL

Complainant timely requested reconsideration of the decision in Catherine

R. Mannix v. United States Postal Service, EEOC Appeal No. 0120090419

(February 26, 2009). 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 complaint, complainant alleged that she was discriminated against

on the basis of disability (cervical neck injury) when her request for

a reasonable accommodation was denied. Following a hearing, an EEOC

Administrative Judge (AJ) found that complainant failed to establish

that she was subjected to discrimination. Specifically, the AJ found

that because complainant's medical restrictions prohibited her from

pulling more than 100 pounds or lifting more than 15 pounds, she could

not perform the essential functions of the General Expediter position,

and therefore she was not a qualified individual with a disability.

The agency adopted the AJ's decision. In our previous decision, we

agreed with the AJ that complainant was not a qualified individual with

a disability since she could not perform the essential functions of the

position with or without a reasonable accommodation. We also agreed

with the AJ that the agency is not required to eliminate an essential

function of a position as a reasonable accommodation.

In her request for reconsideration, complainant reiterates the same

arguments that were previously raised on appeal. 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. 0120090419 remains the Commission's 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 (Z1008)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

May 15, 2009

Date

2

0520090324

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090324