01A20896
03-10-2003
Joy L. Mattison v. United States Postal Service
01A20896
March 10, 2003
.
Joy L. Mattison,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Northeast Area),
Agency.
Appeal No. 01A20896
Agency Nos. 1B-141-0005-98; 1B-141-0021-98; 1B-141-0028-98;
1B-141-0041-98;
1B-141-0001-00
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's
appeal from the agency's October 24, 2001, final decision in the
above-entitled matter. Complainant alleged that the agency discriminated
against her in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended,
29 U.S.C. � 791 et seq. Specifically, complainant alleged that she
was discriminated against on the bases of race (African-American), sex
(female), reprisal for previous EEO activity, and disability (emotional
disorder, anxiety attacks, work stress, depression, dysthymia, post
traumatic stress disorder) when:
(1) on September 7, 1997, a coworker continuously kept mail over the
safety line;
on September 11, 1997, a coworker pushed and threw his single letters
and trash to her side;
on September 16, 1997, she was hit several times with mail;
on September 21, 1997, a coworker deliberately moved the deflector
causing sacks to fall and hit her;
on February 24, 1998, she was informed that her future overtime would
be worked in the Truck Terminal;
during the period from February 24 through May 1, 1998, she was subjected
to harassment and intimidation by management in that they stood behind
her, stalked her, and conspired with the Union;
on February 25, 1998, management and a nurse had a private conversation
about her;
on an unidentified date she was sexually harassed by her acting
supervisor;
on April 20, 1998, she was forced to return to her bid assignment;
on April 20, 26, and 29, 1998, a supervisor she named in her sexual
harassment complaint was in or close to her work unit;
on April 26, 1998, she was made aware that she was an unassigned regular;
on March 14, 1998, she was scheduled for a fitness for duty examination;
on September 2, 1998, she was advised by the agency that she was found
fit to perform the duties of her job;
on an unidentified date, she was sent home when she refused to violate
her medical restrictions;
on September 9, 1998, her request for light duty was denied;
on September 7, 1999, she was assigned to the Detached Mail Unit, and her
bid position was taken away, since her medical documentation indicated
that she should be permanently restricted from working her bid position.
Complainant submits no comment on appeal. After a review of the record
in its entirety, including consideration of all statements submitted on
appeal, and assuming, without finding that complainant is an individual
with a disability under the Rehabilitation Act, 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 (M0701)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 10, 2003
__________________
Date