John F. Riedel, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 27, 2000
05990170 (E.E.O.C. Jul. 27, 2000)

05990170

07-27-2000

John F. Riedel, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


John F. Riedel v. United States Postal Service

05990170

July 27, 2000

.

John F. Riedel,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05990170

Appeal No. 01964606

Agency No. 4D-000-2602-93

Hearing No. 120-94-5375X

DENIAL OF REQUEST FOR RECONSIDERATION

The agency initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in John

F. Riedel v. United States Postal Service, EEOC Appeal No. 01964606

(October 16, 1998).<1> EEOC Regulations provide that the Commission may,

in its discretion, 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 64 Fed. Reg. 37,644,

37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �

1614.405(b)).<2>

After a review of the agency's request for reconsideration, 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. 01964606 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

ORDER

The agency is directed to take the following remedial actions, if it

has not already done so:

1. Within thirty (30) calendar days of the date this decision becomes

final, the agency shall determine the amount of back pay, interest on

back pay, and all other benefits due complainant between the date the

agency placed the complainant on sick leave in March 1993 and the date his

disability retirement became effective in December 1993, in accordance

with 29 C.F.R.� 1614.501(c). If there is a dispute regarding the exact

amount of back pay and other monetary benefits, the agency shall issue

a check to the complainant for the undisputed amount within thirty (30)

calendar days of the date the agency determines the amount it believes

to be due. The complainant may petition for enforcement or clarification

of the amount in dispute. The petition for clarification or enforcement

must be filed with the Compliance Officer, at the address referenced in

the statement entitled �Implementation of the Commission's Decision.�

2. Within thirty (30) calendar days of the date this decision becomes

final, the agency shall issue to the complainant a check for $10,000.00

representing non-pecuniary compensatory damages.

3. Within sixty (60) calendar days of the date this decision becomes

final, the agency shall provide at least four hours of training to each of

the responsible management officials (the Manager of Customer Service,

Arlington Road Post Office; the Manager of Post Office Operations,

Capitol District; and the Bethesda Officer-in-Charge) in the agency's

reasonable accommodation obligations under the Rehabilitation Act.

Documentation evidencing completion of such training shall be submitted

to the Compliance Officer within thirty (30) calendar days thereafter.

4. The agency shall post at the Arlington Road Post Office, Bethesda,

Maryland, copies of the attached notice. Copies of the notice, after

being signed by the agency's duly authorized representative, shall

be posted by the agency within thirty (30) calendar days of the date

this decision becomes final, and shall remain posted for sixty (60)

consecutive days, in conspicuous places, including all places where

notices to employees are customarily posted. The agency shall take

reasonable steps to ensure that said notices are not altered, defaced,

or covered by any other material. The original signed notice is to be

submitted to the Compliance Officer within ten (10) calendar days of

the expiration of the posting period.

5. The agency is further directed to submit a report of compliance, as

provided in the statement entitled �Implementation of the Commission's

Decision.� The report shall include supporting documentation.

ATTORNEY'S FEES (H1199)

If complainant has been represented by an attorney (as defined by 64

Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter

referred to as 29 C.F.R. � 1614.501(e)(1)(iii)), he/she is entitled to

an award of reasonable attorney's fees incurred in the processing of the

complaint. 29 C.F.R. � 1614.501(e). The award of attorney's fees shall

be paid by the agency. The attorney shall submit a verified statement of

fees to the agency -- not to the Equal Employment Opportunity Commission,

Office of Federal Operations -- within thirty (30) calendar days of this

decision becoming final. The agency shall then process the claim for

attorney's fees in accordance with 29 C.F.R. � 1614.501.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to the

complainant. If the agency does not comply with the Commission's order,

the complainant may petition the Commission for enforcement of the order.

29 C.F.R. � 1614.503(a). The complainant also has the right to file a

civil action to enforce compliance with the Commission's order prior

to or following an administrative petition for enforcement. See 64

Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter

referred to as 29 C.F.R. �� 1614.407, 1614.408), and 29 C.F.R. �

1614.503(g). Alternatively, the complainant has the right to file a

civil action on the underlying complaint in accordance with the paragraph

below entitled �Right to File a Civil Action.� 29 C.F.R. �� 1614.407

and 1614.408. A civil action for enforcement or a civil action on the

underlying complaint is subject to the deadline stated in 42 U.S.C. �

2000e-16(c)(Supp. V 1993). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).

STATEMENT OF RIGHTS - ON RECONSIDERATION

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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 (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, Acting Director

Office of Federal Operations

July 27, 2000

__________________

Date

This Notice is posted pursuant to an Order by the United States Equal

Employment Opportunity Commission dated which found

that a violation of Section 501 of the Rehabilitation Act of 1973

(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., has occurred

at this facility.

Federal law requires that there be no discrimination against any

employee or applicant for employment because of that person's RACE,

COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL

DISABILITY with respect to hiring, firing, promotion, compensation,

or other terms, conditions, or privileges of employment.

The United States Postal Service, Arlington Road Post Office, Bethesda,

Maryland, supports and will comply with such Federal law and will not

take action against individuals because they have exercised their rights

under law.

The United States Postal Service, Arlington Road Post Office, Bethesda,

Maryland, has been found to have discriminated against the individual

affected by the Commission's finding. The United States Postal

Service, Arlington Road Post Office, Bethesda, Maryland, shall pay the

employee appropriate back pay and benefits, compensatory damages, and

reasonable attorney fees and costs, and shall provide training to the

responsible management officials regarding their obligations under the

Rehabilitation Act. The United States Postal Service, Arlington Road

Post Office, Bethesda, Maryland, will ensure that officials responsible

for personnel decisions and terms and conditions of employment will

abide by the requirements of all Federal equal employment opportunity

laws and will not retaliate against employees who file EEO complaints.

The United States Postal Service, Arlington Road Post Office, Bethesda,

Maryland, will not in any manner restrain, interfere, coerce, or

retaliate against any individual who exercises his or her right to

oppose practices made unlawful by, or who participates in proceedings

pursuant to, Federal equal employment opportunity law.

_________________________

Date Posted: ____________________

Posting Expires: _________________

29 C.F.R. Part 1614

1The Commission notes that the record does not contain adequate

information, such as a copy of a certified-mail return-receipt, from

which to determine the exact date on which the agency received the appeal

decision. Presuming that the agency received the appeal decision within

five days after it was mailed, see 64 Fed. Reg. 37,644, 37661 (1999)

(to be codified at 29 C.F.R. � 1614.604(b)), the Commission exercises

its discretion to deem the request timely.

2On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.