Connie L. Detar, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 28, 2000
01a00222 (E.E.O.C. Feb. 28, 2000)

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.