Frank Santillan, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 22, 2001
01a02808 (E.E.O.C. Feb. 22, 2001)

01a02808

02-22-2001

Frank Santillan, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Frank Santillan v. United States Postal Service

01A02808

February 22, 2001

.

Frank Santillan,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A02808

Agency No. 4G-770-0156-99

Hearing No. 330-99-8350X

DECISION

Complainant timely initiated an appeal from the agency's final action

concerning his equal employment opportunity (EEO) complaint of unlawful

employment discrimination in violation of Title VII of the Civil Rights

Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.<1> The

appeal is accepted pursuant to 29 C.F.R. � 1614.405. Complainant alleges

he was discriminated against on the bases of race (white), sex (male)

and national origin (Hispanic) when, during the first week of December

1998, his request to change his non-scheduled day from Monday, December

28, 1998, to Saturday, December 26, 1998 was denied. For the following

reasons, the Commission affirms the agency's final action.

The record reveals that complainant, a Clerk at the agency's River Oaks

Station, Houston, Texas, filed a formal EEO complaint with the agency

alleging that the Station Manager (Manager) discriminated against him as

referenced above. At the conclusion of the investigation, complainant

received a copy of the investigative report and requested a hearing before

an EEOC Administrative Judge (AJ). Finding no material facts in dispute,

the AJ issued a decision without a hearing, finding no discrimination.

The AJ concluded that, assuming complainant established a prima facie case

of discrimination, the agency articulated legitimate, nondiscriminatory

reasons for its actions, which complainant failed to establish were a

pretext to mask unlawful discrimination/retaliation. In reaching this

conclusion, the AJ noted the Manager's statement in which she averred that

she denied the request because of business conditions. The Manager stated

that on December 26, 1998, she had one person out on continuation of pay,

one person on annual leave, twelve people on their non-scheduled days,

and consequently had to schedule two people for overtime all day.

The agency's final action implemented the AJ's decision. Complainant

makes no new contentions on appeal, and the agency requests that we

affirm its final action.

After a careful review of the record, the Commission finds that the

AJ's decision properly summarized the relevant facts and referenced the

appropriate regulations, policies, and laws. We note that complainant

failed to present evidence that any of the agency's actions were motivated

by discriminatory animus toward complainant's race, sex, or national

origin. We discern no basis to disturb the AJ's decision. Therefore,

after a careful review of the record, including complainant's contentions

on appeal, the agency's response, and arguments and evidence not

specifically addressed in this decision, we AFFIRM the agency's final

action.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

February 22, 2001

__________________

Date

1 On 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 be found at the Commission's

website at www.eeoc.gov.