0120082144
07-02-2009
Jennifer L. Poulin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Jennifer L. Poulin,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120082144
Hearing No. 510-2008-00025X
Agency No. 1H-324-0015-07
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's March 11, 2008 final decision concerning her
equal employment opportunity complaint alleging employment discrimination.
In her complaint, complainant alleged discrimination based on disability
and in reprisal for prior protected EEO activity when on March 26, 2007,
she received a letter from the Plant Manager denying her request for
rehire into temporary casual employment.
After completion of the investigation of the complaint, complainant
requested a hearing but later withdrew the request. On January 30, 2008,
the administrative judge remanded the case for a final agency decision.
Assuming without deciding that complainant has a disability, we find
that the agency did not discriminate against her. We find that the
agency has articulated a legitimate, nondiscriminatory reason for the
alleged action. Specifically, the agency Plant Manager stated that in
making a determination on those hired or denied employment, she reviewed a
potential applicant's personnel file, work history, discipline, and safety
records. The Plant Manager also stated that based on these background
findings and complainant's unacceptable safety record, complainant was
not given an interview and was denied the alleged temporary employment.
The record indicates that the unacceptable safety incident occurred
on April 8, 2006, while complainant was employed as a career employee
postal carrier. The record also indicates that complainant thereafter
resigned from that position due to personal reasons.
Complainant also failed to establish discrimination based on reprisal
for her prior EEO activity. Her prior EEO complaint was filed nearly two
years before the complaint at issue here. The prior complaint involved
different supervisors, and the Plant Manager stated that she was unaware
of complainant's prior EEO complaint.
Accordingly, the agency's decision finding no discrimination is
AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 77960,
Washington, DC 20013. 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 (S0408)
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 (Z1008)
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 from the Court
that the Court appoint an attorney to represent you and that the Court
also 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 with the Court 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
July 2, 2009
__________________
Date
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0120082144
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120082144