05980176
04-10-2000
Dorothea J. Knight, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Dorothea J. Knight, )
Complainant, ) Request No. 05980176
) Appeal No. 01971598
v. ) Agency No. 3-D-1201-92
)
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DENYING REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission ( EEOC or Commission) to reconsider the decision in Dorothea
J. Knight v. United States Postal Service, EEOC Appeal No. 01971598
(October 21, 1997).<1> EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where the
requesting party demonstrates 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. See 64 Fed. Reg. 37,644,
37,654 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.405(b)).
After a review of the agency's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny the request. The decision in Dorothea
J. Knight v. United States Postal Service, EEOC Appeal No. 01971598
(October 21, 1997), remains the Commission's final decision. The agency
shall comply with the Order in the prior decision, as restated below.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
The agency is ORDERED to conduct a supplemental investigation, which
shall include the following actions:
1) The agency shall investigate what actions, if any, were taken against
other similarly situated employees (i.e., employees with disciplinary
records similar to the complainant's but including both casual and
non-casual employees) outside of the complainant's protected class who
were charged with insubordination during the two-year period prior to
the complainant's removal on April 28, 1992.
2) The agency shall supplement the record with evidence pertaining to
any disciplinary actions taken by Person B during the two-year period
prior to the complainant's removal on April 28, 1992.
3) The agency shall supplement the record with evidence pertaining to
any disciplinary actions that were recommended or initiated by Person A
or that resulted from incidents involving subordinate employees where
Person A was the Supervisor or Acting Supervisor during the two-year
period prior to the complainant's removal on April 28, 1992; and
4) The agency shall obtain any other evidence necessary for proper
completion of an investigation pursuant to the Commission's Regulations
and Management Directive 110.
The supplemental investigation must be completed within sixty (60)
calendar days of the date this decision becomes final. Thereafter, the
agency shall issue to the complainant a copy of the investigative file and
shall also notify the complainant of the appropriate rights, unless the
matter is otherwise resolved prior to that time. If the the complainant
requests a final decision without a hearing, the agency shall issue a
final decision within sixty (60) days of receipt of the complainant's
request. A copy of the agency's notice transmitting the investigative
file to the the complainant must be submitted to the Compliance Officer,
as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to the
complainant. If the agency does not comply with the Commission's order,
the complainant may petition the Commission for enforcement of the order.
29 C.F.R. � 1614.503(a). The complainant also has the right to file a
civil action to enforce compliance with the Commission's order prior
to or following an administrative petition for enforcement. See 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �� 1614.407, 1614.408), and 29 C.F.R. �
1614.503(g). Alternatively, the complainant has the right to file a
civil action on the underlying complaint in accordance with the paragraph
below entitled "Right to File A Civil Action." 29 C.F.R. �� 1614.407
and 1614.408. A civil action for enforcement or a civil action on the
underlying complaint is subject to the deadline stated in 42 U.S.C. �
2000e-16(c)(Supp. V 1993). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R1199)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court WITHIN NINETY (90) CALENDAR DAYS from the date
that you receive this decision. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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:
April 10, 2000
Date
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
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.