01A20417
05-15-2003
Dawn A. Douglas-Gore, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Dawn A. Douglas-Gore v. United States Postal Service
01A20417
May 15, 2003
.
Dawn A. Douglas-Gore,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A20417
Agency No. 1K-201-0032-99
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
Complainant alleged that the agency had discriminated against her on
the bases of sex (female), color (light complexion), disability (back
and neck injury), and reprisal for prior EEO activity when:
(1) on June 22, 1998, leave for LWOP Code 25 IOD-OWCP was denied because
there was no claim number on it;
on June 29, 1998, she received an assignment order effective July 4,
1998 to return to Tour 3 with hours of 3:30 p.m. to 7:30 p.m. that was
not within her medical limitations;
on August 6, 1998, she was informed that she was being placed in the
Short Paid Section for 30 days, which was too cold for her condition;
on August 12, 1998, she was instructed to relocate to Manual Operations,
which was colder, then relocated to the Rewrap Section; and
on October 13, 1998, she received a rehabilitation job offer for the
Rewrap Section which she declined because it was not within her medical
restrictions.<1>
The record reveals that complainant's leave request was denied because
it admittedly lacked a claim number. The record further reveals that,
despite her assertions to the contrary, the assignments offered to
complainant were within the medical restrictions which had been made
known to the agency. Finally, the record reveals that complainant was not
disciplined or otherwise disadvantaged by declining the rehabilitation job
offer, which was followed by another offer that complainant did accept.
Accordingly, 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 decision because the preponderance of the evidence of record does
not establish that discrimination occurred.<2>
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
May 15, 2003
__________________
Date
1In its review of the claims on appeal, the Commission assumes, without
deciding, that complainant is an individual with a disability within
the meaning of the Rehabilitation Act.
2In her statement on appeal, complainant identified several claims which
arose subsequent to the matters at issue herein, and which were not a part
of the complaint at bar. Should complainant wish to pursue these claims
further, she shall initiate contact with an EEO Counselor within 15 days
after she receives this decision. The Commission advises the agency that
if complainant seeks EEO counseling regarding the new allegations within
the above-referenced 15 day period, the date complainant filed the appeal
statement in which she raised these allegations with the agency shall be
deemed to be the date of the initial EEO contact, unless she previously
contacted an EEO Counselor regarding these matters, in which case the
earlier date would serve as the EEO Counselor contact date. Cf. Qatsha
v. Dept. of the Navy, EEOC Request No. 05970201 (January 16, 1998).