01990549
12-13-2000
Jennifer C. Goodman, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (New York Metro Area), Agency.
Jennifer C. Goodman v. United States Postal Service
01990549
December 13, 2000
.
Jennifer C. Goodman,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(New York Metro Area),
Agency.
Appeal No. 01990549
Agency No. 4A-100-0132097
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.<1>
Complainant alleged discrimination based on race/color (White) and
religion (Jewish) when: (1) on April 11, 1997 she was issued a Notice of
Emergency Placement in an off-duty status without pay; and (2) on April
16, 1997, her request for a drug test for herself and her co-worker was
ignored.
The record reveals that complainant was involved in an altercation
with a co-worker on April 8, 1997. Both individuals were placed on
emergency suspension. Both individuals grieved their placement through
the collective bargaining grievance procedure. The comparison employee
(C1) (Black, Christian) settled her grievance and was returned to duty
after a few days. Complainant's grievance was not resolved, and proceeded
to arbitration, where the arbitrator found that the agency did not have
cause to retain her off duty. Complainant was awarded back pay for the
entire time she was off duty.
With respect to the first allegation, the agency found that complainant
and C1 were both treated the same but since C1 settled her case rather
than proceeding to arbitration, the outcomes varied. The evidence showed
that after the altercation occurred, an investigation by the agency
ensued. However, the investigation did not produce corroborating evidence
to support either side of the argument. There were no witnesses to the
altercation. In addition, the agency found that the record was devoid
of discriminatory animus or evidence that the agency's legitimate,
non-discriminatory explanations for placing complainant and C1 on
emergency suspension were pretextual. Accordingly, the agency found
that complainant failed to prove discrimination with respect to the
first allegation.
With respect to the second allegation, the agency indicated that since
C1 arrived to work regularly on time and performed her tasks in a safe
manner, a drug test was not warranted. The record does not indicate
evidence of pretext or discriminatory animus in the record with respect
to this issue.
On appeal, complainant argues that she was discriminated against
because she was suspended three times longer than C1. In response,
the agency argued that the undisputed record shows that complainant
chose a different course than C1 to arbitrate her dispute, rather than
settle it, which ultimately resulted in full relief on the suspension
in question. In addition, the agency notes that there is no evidence
that complainant suffered any other compensable damages as a result of
the alleged discrimination, and accordingly, her claim is now moot.
After a review of the record in its entirety, including consideration
of all statements submitted on appeal, it is the decision of the Equal
Employment Opportunity Commission to AFFIRM the agency's final decision
because the preponderance of the evidence of record does not establish
that discrimination occurred.
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:
December 13, 2000
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__________________
Date
1On 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.