05a40053
12-11-2003
Karen G. Rodgers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Karen G. Rodgers v. United States Postal Service
05A40053
12/11/03
.
Karen G. Rodgers,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A40053
Appeal No. 01A24408
Agency No. 1D-291-0051-99
Hearing No. 140-AO-8155X
DENIAL OF REQUEST FOR RECONSIDERATION
Karen G. Rodgers (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Karen G. Rodgers v. United States Postal Service, EEOC
Appeal No. 01A24408 (September 4, 2003). 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).
Complainant filed a formal complaint alleging the agency discriminated
against her on the bases of race (White), sex (female), and disability
(major depression) when, on July 1, 1999, she was issued a Notice of
Removal charging her with a violation of her Last Chance Agreement.
After a hearing, an EEOC Administrative Judge found complainant had not
proven she was subjected to discrimination. The prior decision affirmed
the AJ's finding of no discrimination.
In her request for reconsideration, complainant states that the AJ
erred when she determined complainant was not an individual with
a disability. Complainant also contends that the agency failed to
accommodate her disability. 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 exceeded the number of allowed unscheduled
absences during the time period covered by the Last Chance Agreement.
Furthermore, complainant failed to establish, by a preponderance of the
evidence, that her disability, race or sex were factors in her removal,
as opposed to her numerous unscheduled absences. Accordingly, we find
complainant failed to establish that the prior decision involved a
clearly erroneous interpretation of material law or fact. The decision
in EEOC Appeal No. 01A24408 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
12/11/03
Date