0120071752
11-06-2009
Deborah A. LaValley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Northeast Area), Agency.
Deborah A. LaValley,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Northeast Area),
Agency.
Appeal No. 0120071752
Agency No. 1B-012-0030-06
DECISION
Complainant appeals to the Commission from the agency's decision
dated February 1, 2007, finding no discrimination. In her complaint,
complainant, a full-time mail handler at the agency's Springfield Bulk
Mail Center, Massachusetts, alleged discrimination based on disability
(urological medical procedure/ongoing kidney and bladder issues) when
she was denied reasonable accommodations during the period June 12 - 27,
2006, in that light duty work was not made available. After completion
of the investigation of the complaint, complainant did not request
a hearing. The agency then issued its decision concluding that it
asserted legitimate, nondiscriminatory reasons for its action, which
complainant failed to rebut. The agency also determined complainant
failed to show that she was denied a reasonable accommodation.
After a review of the record, the Commission, assuming arguendo that
complainant had established a prima facie case of discrimination, finds
that the agency has articulated legitimate, nondiscriminatory reasons
for the alleged incidents. Specifically, complainant's supervisor
stated that during the relevant time period, complainant was assigned
to repair parcels that were ripped open and taking them out of a tub,
one at a time, usually nothing heavy. Complainant could perform these
functions as long as it was within her weight lifting restrictions, i.e.,
up to 10 pounds, and her other restrictions. The supervisor stated that
complainant could not work in other areas due to her restrictions.
The agency indicated that during the relevant time period, complainant
submitted her physician's statement dated June 7, 2006, indicating that
her restrictions were temporary, not to exceed 30 days, and she could
return to work on June 29, 2006, with no restrictions. Complainant's
manager stated that complainant's regular assignment, as a mail handler,
was primarily associated with the processing of mail which required
her to lift up to 70 pounds. The manager stated that complainant was
sent home during on the dates in question due to lack of work available
within her restrictions.
Assuming (without deciding) that complainant was an individual with a
disability, we find that complainant failed to show that she was denied
a reasonable accommodation or that any agency actions were motivated
by discrimination. Complainant has not shown, and the record does
not indicate, that there was any vacant funded position that met her
medical restrictions. There is no indication that she was required to
work beyond her medical restrictions.
Accordingly, the agency's decision finding no discrimination is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (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
11/6/09
__________________
Date
2
0120071752
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013