0120092487
11-25-2009
Kelly J. Perry, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital Metro Area), Agency.
Reference #: 0120092487
Kelly J. Perry
2101 Border Dr
Ft Washington, MD 20744
Reference #: 0120092487
U.S. Postal Service (Capital-Metro)
NEEOISO - Appeals
U.S. Postal Service
PO Box 21979
Tampa, FL 33622-1979
Kelly J. Perry,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital Metro Area),
Agency.
Appeal No. 0120092487
Hearing No. 570-2007-00860X
Agency No. 1K-221-0007-07
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's appeal from the agency's April 15, 2009 final order concerning her equal employment opportunity (EEO) complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
In her May 22, 2009 appeal, complainant requests that we enforce an EEOC Administrative Judge's (AJ) March 18, 2009 post hearing decision finding the agency liable for retaliation for charging complainant "absence without leave" on January 11 and 12, 2007, resulting in a four month delay in compensation.
In its final order, the agency agreed to implement the AJ's order, as follows:
1. Pay complainant three thousand dollars ($3,000.00) in non-pecuniary
compensatory damages within sixty (60) days of the date of this Order;
2. Expunge from agency records any adverse materials that may exist relating to the discrimination against complainant proven in this complaint, if any;
3. Provide semi-annual EEO training for agency management; and,
4. Post the attached Notice to Employees.
In July 2009, the agency submitted documentation demonstrating its effort to comply with the AJ's order. Specifically, the agency submitted a copy of check number 0102971883 in the amount of $3,000.00 received by complainant on June 6, 2009; evidence of the April 19, 2007 Step Two union grievance settlement converting the AWOL charge to annual leave with the attendant pay adjustment; her supervisor's June 4, 2009 Certificate of Completion of EEO training; and a copy of the signed and dated posting notice. Complainant, whose appeal preceded the agency's compliance actions, did not submit any response to the agency's representations.
Upon review, the Commission is satisfied that the agency has complied with the AJ's order in a manner consistent with our precedent and policy. We conclude that complainant has received the relief to which she is entitled and that no further agency action is required.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1208)
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 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 (S0408)
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 (Z1008)
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
November 25, 2009
__________________
Date
2
0120092487
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013