01a00222
02-28-2000
Connie L. Detar, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Connie L. Detar, )
Complainant, )
)
v. ) Appeal No. 01A00222
) Agency No. 4C-150-0013-99
William J. Henderson, ) Hearing No. 170-99-8389X
Postmaster General, )
United States Postal Service, )
Agency. )
________________________________)
DECISION
The Commission finds that the agency's October 22, 1999 decision finding
that the agency did not discriminate against complainant based on
complainant's disability (not disabled) and retaliation was proper.<1>
Complainant alleged in her complaint that she was discriminated against
when Employee A was reassigned to the Greensburg Post Office on October
10, 1998 with a seniority date of February 1, 1992.
Complainant requested a hearing before an EEOC Administrative Judge.
An administrative judge issued a decision dated September 13, 1999
without holding a hearing. The administrative judge found that the
material facts were not in dispute. The administrative judge found
that complainant was not aggrieved because the complainant's seniority
date preceded the seniority date of Employee A. The administrative
judge found that the making of Employee A's seniority date retroactive
to February 1, 1992 had no effect on complainant. The administrative
judge also found that complainant's claim of discrimination on the
basis of not being disabled is not covered under the Rehabilitation Act.
The administrative judge found that the agency's explanation that Employee
A was assigned a seniority date of February 1, 1992, was reasonable and
fair because Employee A had begun working at the Greensburg Post Office
on February 1, 1992, The administrative judge found that complainant's
claim of discrimination on the basis of retaliation or disability
discrimination was �ludicrous� and that this complaint �is a clear abuse
of the EEO process.� The administrative judge recommended a finding of
no discrimination.
In the agency's October 22, 1999 decision the agency concurred with
the decision of the administrative judge. The Commission finds that
complainant has failed to show that she was aggrieved in the instant
complaint. Furthermore, the Commission need not discuss whether
complainant established a prima facie case of disability discrimination
or retaliation, because we find that the administrative judge correctly
determined that complainant failed to show by a preponderance of the
evidence that she was discriminated against as alleged in her complaint.
The agency's decision finding no discrimination is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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:
February 28, 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
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.