Cathy L. Bradley, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 5, 2003
01A30338_r (E.E.O.C. Mar. 5, 2003)

01A30338_r

03-05-2003

Cathy L. Bradley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Cathy L. Bradley v. United States Postal Service

01A30338

March 5, 2003

.

Cathy L. Bradley,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A30338

Agency No. 1E-681-0056-02

DECISION

Complainant filed a timely appeal with this Commission from the final

agency decision dated September 30, 2002, dismissing her complaint of

unlawful 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.

In her complaint, filed on May 21, 2002, complainant alleged that she

was subjected to discrimination on the basis of sex when on February 19,

2002, as a result of a grievance class action, she was informed that she

would be paid for holidays under her current married name. As a remedy,

complainant requested $250 for the remaining holidays missed during the

holiday settlement.

The agency dismissed the complaint pursuant to 29 C.F.R. �

1614.107(a)(5)), on the grounds of

mootness. The agency determined the record indicates that as a result of

a grievance settlement, complainant was paid under her married name, and

not under her maiden name. The agency noted that in the EEO Counselor's

Report, the local union submitted only complainant's married name to the

agency finance department, and that a claim for the dates at issue under

her maiden name was resubmitted on May 2, 2002. Further, the agency

indicated that complainant's complaint has been rendered moot because

she was paid $250 in Pay Period 11-02.

Complainant makes no new arguments on appeal.

EEOC Regulation 29 C.F.R. � 1614.107(a)(5) provides for the dismissal of

a complaint when the issues raised therein are moot. To determine whether

the issues raised in complainant's complaint are moot, the factfinder

must ascertain whether (1) it can be said with assurance that there is

no reasonable expectation that the alleged violation will recur; and

(2) interim relief or events have completely and irrevocably eradicated

the effects of the alleged discrimination. See County of Los Angeles

v. Davis, 440 U.S. 625, 631 (1979). When such circumstances exist, no

relief is available and no need for a determination of the rights of

the parties is presented.

Upon review, we find that the agency properly dismissed the complaint

as moot. The record contains a copy of complainant's pay statement for

Pay Period 11-02. Therein, complainant was paid $250 for the grievance

settlement that was the subject of her complaint. We find interim relief

eradicated the effects of the alleged violation. Moreover, the agency

has been able to show that there is no reasonable expectation that the

alleged violation will recur.

Accordingly, the agency's final decision dismissing the complaint on

the grounds of mootness 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

March 5, 2003

__________________

Date