05a30009
12-09-2002
Joyce C. Byers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Joyce C. Byers v. United States Postal Service
05A30008, 05A30009
12/9/02
.
Joyce C. Byers,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request Nos. 05A30008, 05A30009
Appeal Nos. 01A12028, 01A12376
Agency Nos. 1E-871-0012-00, 1E-871-0012-01
DENIAL OF REQUEST FOR RECONSIDERATION
Joyce C. Byers (complainant) timely initiated two requests to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the consolidated decision in Joyce C. Byers v. United States Postal
Service, EEOC Appeal Nos. 01A12028, 01A12376 (December 4, 2002).
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 29 C.F.R. � 1614.405(b). The Requests are consolidated
pursuant to 29 C.F.R. � 1614.606.
Complainant filed two formal complaints that alleged discrimination on
the bases of national origin (Native American), disability (interstitial
cystitis), age (DOB: 4/13/46), and reprisal for prior EEO activity when:
she was not accommodated;
she was harassed for sick leave usage;
her supervisor made demeaning and insulting comments connected to her
disability and age;
she was forced to remove a small space heater;
she was retaliated against for using Family Medical Leave;
her schedule was changed;
on or about January 3, 2000, she became aware that a less senior,
less qualified candidate was detailed to an Administrative Supervisor
position; and
on October 23, 2000, her supervisor spoke to her in a demeaning and
intimidating manner.
In her request, complainant contends that the prior decision erred when
it made its credibility finding, and when it found insufficient evidence
that complainant suffered from a disabling condition. After a review
of complainant'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. Complainant failed to establish that
the prior decision involved a clearly erroneous interpretation of material
law or fact. We note that complainant failed to establish a prima facie
case of disability discrimination because she failed to establish a causal
connection between the actions alleged and her disability. The decision
in EEOC Appeal Nos. 01A12028 and 01A12376 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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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, Director
Office of Federal Operations
12/9/02
Date