0120101270
06-30-2010
J.L. Fredricks, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
J.L. Fredricks,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Appeal No. 0120101270
Hearing No. 450-2008-00307X
Agency No. 4G-752-0193-08
DECISION
On January 13, 2010, Complainant filed an appeal with the Equal Employment
Opportunity Commission (EEOC or Commission) claiming that the Agency
failed to comply with its October 27, 2009, final action implementing the
decision of an EEOC Administrative Judge (AJ) finding discrimination in
violation of Section 501 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. � 791 et seq., and ordering relief.
BACKGROUND
At the time of the events at issue, Complainant was employed by the Agency
as a Manager of Customer Service, EAS-19, at a facility in Texas. By
decision dated March 17, 2009, an AJ concluded that Complainant had been
discriminated against on the basis of disability when his assignment to
the Allen, Texas Post Office and his prospective detail to the Southwest
Area Office were cancelled.
The Agency's October 27, 2009 final action, by fully implementing the
AJ order, directed the Agency, in relevant part, to:
1. pay Complainant $25,000 in non-pecuniary damages;
2. pay Complainant $16,905 in attorney fees and $407.28 in costs
($17,312.28 total); and
3. post an attached notice to employees that there was a violation of
the Rehabilitation Act and that the Agency will comply with the law.
In a letter dated December 17, 2009, to the agency's Manager of Human
Resources, Southwest Area, Complainant wrote, in relevant part, that there
had not been compliance with the above actions. In his January 13, 2010,
appeal, Complainant contends the agency was still not in compliance.
In response to Complainant's appeal, the Agency argues that it has fully
complied with its final action. In support of its position, the Agency
provided the Commission with a copy of the notice - signed by Agency
officials - posted in the Agency's office for a period of time beginning
November 3, 2009 and lasting until December 5, 2009. Additionally, the
Agency provided the Commission with a copy of the return receipt showing
that two checks were delivered to Complainant's attorney on March 1,
2010, in the amounts ordered by the AJ.
ANALYSIS AND FINDINGS
Under 29 C.F.R. � 1614.504, if a complainant believes that the agency
has failed to comply with the terms of a final action, he shall notify
the EEO Director in writing of the alleged noncompliance within 30 days
of when he knew or should have known of the alleged noncompliance.
The regulation states that the agency shall resolve the matter and
respond to the complainant in writing. Under the regulation, if the
agency has not responded to the complainant or if he is not satisfied
with the agency's attempt to resolve the matter, he may appeal to the
Commission for a determination as to whether the agency has complied with
the terms of the final action. A complainant may file such an appeal
within 35 days after he has served the agency with the allegations of
noncompliance but must file an appeal within 30 days of his receipt of
the agency's determination. Id.
Upon careful review of the record before us, including the evidence
provided by the Agency on appeal of its compliance with the AJ's orders,
the Commission finds that the Agency has now fully carried out its
responsibilities in implementing the above-detailed portions of its final
action. Accordingly, we do not order the agency to take further action.
RECONSIDERATION (M0610)
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), at 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 (S0610)
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 (Z0610)
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
June 30, 2010
__________________
Date
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0120101270
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0120101270