Gary Christianv.United States Postal Service 05990583 September 26, 2000 . Gary Christian, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny Area) Agency.

Equal Employment Opportunity CommissionSep 26, 2000
05990583 (E.E.O.C. Sep. 26, 2000)

05990583

09-26-2000

Gary Christian v. United States Postal Service 05990583 September 26, 2000 . Gary Christian, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny Area) Agency.


Gary Christian v. United States Postal Service

05990583

September 26, 2000

.

Gary Christian,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Allegheny Area)

Agency.

Request No. 05990583

Appeal No. 01971770

Agency No. 4C-190-1073-94

Hearing No. 170-95-8383X

DENIAL OF REQUEST FOR RECONSIDERATION

On April 5, 1999, the agency timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Gary Christian v. United States Postal Service,

EEOC Appeal No. 01971770 (March 10, 1999).<1> In his complaint, the

complainant alleged unlawful employment discrimination in violation

of Section 501 of the Rehabilitation Act of 1973, 29 U.S.C. � 791.<2>

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. 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 EEOC Appeal No. 01971770 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.

ORDER (D1092)

The agency is ORDERED to take the following remedial action:

1. The agency shall, within thirty calendar days of its receipt of this

decision, make the complainant an offer of immediate reinstatement,

retroactive to the date of his removal, to the Morrisville Post Office,

Morrisville, Pennsylvania, from which the complainant was removed.

2. If the complainant accepts the agency's offer of reinstatement,

the agency shall make an inquiry sufficient to determine the type and

amount of accommodation which is appropriate in this case. The agency

shall conduct an inquiry of the complainant and his physician in order to

determine what is an appropriate accommodation. The process of determining

the appropriate accommodation shall be an ongoing inquiry during the

probation period. Thereafter, the agency shall provide the complainant

with the accommodation determined to be appropriate to his condition at

the time of his successful completion of his probation. The Commission

notes in this regard that the complainant was removed effective December

8, 1992; therefore, 7 years have passed since the complainant worked

with the schemes in question, and it will be necessary, at a minimum,

to provide the complainant with the mandated training time for probation

employees which would place him in the same position he was in prior

to termination, in addition to whatever else is necessary to reasonably

accommodate his present condition.

3. The agency shall determine the appropriate amount of back pay

with interest, and other benefits due the complainant, pursuant to 29

C.F.R. �1614.501, no later than sixty (60) calendar days after the date

this decision becomes final. The complainant shall cooperate in the

agency's efforts to compute the amount of back pay and benefits due,

and shall provide all relevant information requested by the agency. If

there is a dispute regarding the exact amount of back pay and/or benefits,

the agency shall issue a check to the the complainant for the undisputed

amount within sixty (60) calendar days of the date the agency determines

the amount it believes to be due. The complainant may petition for

enforcement or clarification of the amount in dispute. The petition for

clarification or enforcement must be filed with the Compliance Officer,

at the address referenced in the statement entitled "Implementation of

the Commission's Decision."

4. The agency shall post copies of the attached notice at the agency's

Morrisville Post Office, located in Morrisville, Pennsylvania. Copies

of the notice, after being signed by the agency's duly authorized

representative, shall be posted by the agency within thirty (30) calendar

days of the date this decision becomes final, and shall remain posted

for sixty (60) consecutive days, in conspicuous places, including all

places where notices to employees are customarily posted. The agency

shall take reasonable steps to ensure that said notices are not altered,

defaced, or covered by any other material. The original signed notice

is to be submitted to the Compliance Officer at the address cited in

the paragraph entitled "Implementation of the Commission's Decision,"

within ten (10) calendar days of the expiration of the posting period.

5. The agency shall provide training in the obligations and duties

imposed by the Rehabilitation Act to the agency officials responsible

for the instant action.

6. The agency is further directed to submit a report of compliance, as

provided in the statement entitled "Implementation of the Commission's

Decision." The report shall include supporting documentation of the

agency's calculation of back pay and other benefits due the complainant,

including evidence that the corrective action has been implemented,

and attorney fee awards paid.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0800)

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 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 29 C.F.R. � 1614.409.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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, Acting Director

Office of Federal Operations

September 26, 2000

__________________

Date

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

An Agency of the United States Government

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated__________which found that a

violation of the Rehabilitation Act of 1973, 29 U.S.C. � 791 (as amended)

at this facility.

Federal law requires that there be no discrimination against any employee

or applicant for employment because of the person's RACE, COLOR, RELIGION,

SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL DISABILITY or their

EEO ACTIVITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions or privileges of employment.

The United States Postal Service, Morrisville, Pennsylvania facility

(hereinafter "facility") supports and will comply with such federal law

and will not take action against individuals because they have exercised

their rights under law.

This facility has been found to have discriminated against an employee

by failing to provide reasonable accommodations for the employee's

disability. The agency has been ordered to make the employee an offer

of immediate reinstatement and if the employee accepts, reasonable

accommodation must be determined. The agency has also been ordered to

issue an appropriate award of back pay with interest and other benefits,

payment of attorney's fees and provide training in the obligations

and duties imposed by the Rehabilitation Act to the responsible agency

officials.

The facility will ensure that officials responsible for personnel

decisions and terms and conditions of employment will abide by the

requirements of all Federal equal employment opportunity laws.

The facility will not in any manner restrain, interfere, coerce,

or retaliate against any individual who exercises his or her right to

oppose practices made unlawful by, or who participates in proceedings

pursuant to, Federal equal employment opportunity law.

______________________________

Date Posted: ____________________

Posting Expires: ________________

29 C.F.R. Part 16141On 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 the Commission's

website at www.eeoc.gov.