01a13532
02-13-2002
Geneva Welbon, Complainant, v. John E. Potter, Postmaster General, United States Postal System, Agency.
Geneva Welbon v. United States Postal System
01A13532
February 13, 2002
.
Geneva Welbon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal System,
Agency.
Appeal No. 01A13532
Agency No. 1F-946-0021-99
Hearing No. 370-00-X2004
DECISION
On April 12, 2001, Geneva Welbon (hereinafter referred to as complainant)
filed a timely appeal from the March 13, 2001, final decision of the
United States Postal System (hereinafter referred to as the agency)
concerning her complaint of unlawful employment discrimination in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. � 2000e et seq., and the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. � 621 et seq. The appeal is timely filed (see
29 C.F.R. � 1614.402(a)) and is accepted in accordance with 29 C.F.R. �
1614.405. For the reasons that follow, the agency's decision is AFFIRMED.
The issue presented in this appeal is whether the complainant has proven,
by a preponderance of the evidence, that the agency discriminated against
her on the bases of race (black), sex, age (DOB 9-28-42), and reprisal
(Title VII) when (a) her casual position was terminated, (b) she was
not hired as a transitional employee (TE), and (c) she did not receive
a $500 gift certificate or letter of appreciation in December 1998.
Complainant filed a formal complaint on February 25, 1999. Following an
investigation, she requested a hearing before an EEOC Administrative Judge
(AJ). On February 6, 2001, the AJ issued a decision without a hearing,
finding that the agency did not discriminate against her. Previously,
the AJ had issued a Notice regarding weaknesses in complainant's case
and her intent to issue a decision without a hearing. Complainant did
not respond, and the AJ issued her decision pursuant to that Notice.
While the AJ questioned whether complainant could establish a prima
facie case, even assuming she did so, we agree with the AJ that
complainant did not present sufficient evidence to respond to the
agency's explanation for its actions. Specifically, the agency stated
that casuals are hired as needed, and, following the holiday rush, her
casual appointment ended; no TE positions were available at the time;
and money and gift certificates were given to outstanding employees, and
complainant's performance was average. Other than her own speculation,
complainant did not provide evidence of discrimination.
In her appeal statement, complainant asked for consolidation with EEOC
Appeal No. 01992435; however, inasmuch as a decision was issued on
May 5, 2000, and no request for reconsideration was filed, that matter
is closed. We note also, that the claims therein are not related to the
instant matter. In addition, complainant repeats her general contentions,
which were addressed by the AJ in her Notice.
CONCLUSION
Accordingly, the agency's decision was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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.
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 13, 2002
__________________
Date