01a54346
10-07-2005
Jane F. Stefaniak, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Jane F. Stefaniak v. United States Postal Service
01A54346
October 7, 2005
.
Jane F. Stefaniak,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A54346
Agency No. 6U-000-0003-04
DECISION
Complainant appeals to the Commission from the agency's April 28, 2005
decision finding no discrimination. According to the agency's decision,
complainant alleges discrimination on the basis of sex (female) when,
on December 8, 2003, complainant received an unacceptable rating for her
Fiscal Year (FY) 2003 Merit Evaluation. The agency, in its decision
concluded that it asserted a legitimate, nondiscriminatory reason for
its actions, which complainant failed to rebut.
We find that the agency has articulated a legitimate, nondiscriminatory
reason for the unacceptable rating given to complainant. The Manager of
Mailing Standards stated that complainant failed to accomplish two of her
written objectives for FY 2003. The first key objective that complainant
failed to complete was to assume 50 percent of the duties in uploading the
Domestic Mail Manual (DMM) files using the Framemaker software program
as an alternate for the regularly assigned individual by performing the
task for a six (6) month trial period. The Manager of Mailing Standards
said that complainant made little or no effort to achieve this objective.
The Manager of Mailing Standards mentioned that this was a six-month
assignment on a trial basis because she wanted complainant to learn how
to use the program in the event that the one person assigned to this
task was out. The Manager of Mailing Standards reported that, at the
end of FY 2003, complainant had not learned how to use the Framemaker
program and therefore did not achieve this objective. The second key
objective that complainant failed to complete was in delegating some
of her assignments in the areas of Special Services, Hazmat, and OCRA
to her back-up. Moreover, the Manager of Mailing Standards said that
complainant's behavior during FY 2003 was detrimental to the department.
The Manager of Mailing Standard reported that complainant was not a team
player, and her behavior led to negative results for the department.
Complainant failed to rebut the agency's articulated legitimate,
nondiscriminatory reasons for its actions. Moreover, complainant failed to
show, by a preponderance of the evidence, that complainant's unacceptable
performance rating was motivated by discrimination on the basis of sex.
The agency's decision finding no discrimination 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(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 7, 2005
__________________
Date