05980356
10-26-2000
Elinor Walton, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Elinor Walton v. United States Postal Service (Great Lakes Area)
05980356
October 26, 2000
.
Elinor Walton,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 05980356
Appeal No. 01960945
Agency No. 1J603103994
Hearing No. 210956196X
DENIAL OF REQUEST FOR RECONSIDERATION
Elinor Walton (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision in
Elinor Walton v. United States Postal Service, EEOC Appeal No. 01960945
(January 14, 1998).<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 29 C.F.R. � 1614.405(b).
For the reasons that follow, the Commission finds that the request fails
to meet the criteria of 29 C.F.R. � 1614.405(b).
Complainant alleged that she was subjected to discrimination on the bases
of race (African American), age (49 at relevant time) and disability
(back injury) in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq. and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq. when she was not recommended for a Customer
Service Analyst position. After a hearing, an EEOC Administrative Judge
(AJ) determined that complainant failed to establish that she had been
subjected to discrimination. In a final agency decision (FAD), the agency
adopted the AJ's recommended decision. The previous decision affirmed the
FAD, finding that there was no basis on which to disturb the AJ's finding.
Complainant's request for reconsideration essentially reiterates arguments
previously made. She argues that she is more qualified than the selectee
and that this, together with the fact that her supervisor served on the
reviewing board in violation of agency policy, establish that she was
subjected to discrimination. She also notes that she was not allowed
to complete her interview. We note, however, that the AJ's findings and
the previous decision considered these arguments and determined that they
did not establish that complainant was subjected to discrimination.
Complainant also argues, contrary to the AJ's decision, that she is a
person with a disability. We note, however, that the previous decision
found that even assuming complainant is an individual with a disability
within the meaning of the Rehabilitation Act<2>, she failed to present
any evidence that the agency's reason for not recommending her for the
position was a pretext for disability discrimination.
After a careful review of the record, including complainant's request
for reconsideration, the previous decision, and the record as a whole, we
find that complainant raises no arguments or evidence demonstrating that
the appellate decision involved a clearly erroneous interpretation of
material fact or law. Nor did complainant establish that the appellate
decision will have a substantial impact on the policies, practices,
or operations of the agency. Accordingly, it is the decision of the
Commission to deny the request for reconsideration. The decision
in EEOC Appeal No. 01960945 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
October 26, 2000
__________________
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2The Rehabilitation Act was amended in 1992 to apply the standards in the
Americans with Disabilities Act (ADA) to complaints of discrimination by
federal employees or applicants for employment. The ADA regulations
set out at 29 C.F.R. Part 1630 apply to complaints of disability
discrimination. These regulations can be found on EEOC's website at
www.eeoc.gov.