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.