0520090455
11-13-2009
Jerri E. Todd,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090455
Appeal No. 0120071782
Hearing No. 560200500005X
Agency No. 4E640008205
DENIAL
Complainant timely requested reconsideration of the decision in Jerri
E. Todd v. United States Postal Service, EEOC Appeal No. 0120071782
(April 17, 2009). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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. See 29 C.F.R. �
1614.405(b).
In her underlying complaint, complainant alleged that the agency
subjected her to unlawful discrimination, in violation of Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq., on
the basis of her sex and in reprisal for prior protected EEO activity.
Following an investigation of her complaint, complainant requested a
hearing before an EEOC Administrative Judge (AJ). The AJ assigned to
the case held a hearing, and issued a decision finding no discrimination.
The agency's final order adopted the AJ's finding of no discrimination.
On appeal, the Commission affirmed the agency's final order.
In her request for reconsideration, complainant reiterates her contention
that she was subjected to unlawful discrimination and contends that the
AJ erred in finding her testimony less credible than that of management
officials. Specifically, complainant contends that she "had a hearing
impairment which resulted in the need for the agency representative
to repeat questions." (Complainant's Reconsideration Request at 1).
We remind complainant, however, that while an AJ's conclusions of law
are subject to a de novo standard of review, whether or not a hearing
was held, the AJ's credibility determinations will be accepted unless
documents or other objective evidence so contradicts the testimony,
or the testimony so lacks in credibility that a reasonable fact finder
would not credit it. See EEOC Management Directive 110, Chapter 9,
� VI.B. (Nov. 9, 1999). Here, complainant has proffered no evidence
to show that the AJ's credibility determinations are not supported by
the record. After reconsidering 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. 0120071782 remains
the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (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
November 13, 2009
__________________
Date
2
0520090455
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090455