05a60114
11-29-2005
Kim Woods v. United States Postal Service
05A60114
November 29, 2005
.
Kim Woods,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Great Lakes Area)
Agency.
Request No. 05A60114
Appeal No. 01A54324
Agency No. 1J-607-0044-04
DENIAL
Kim Woods (complainant) timely requested reconsideration of the decision
in Kim Woods v. United States Postal Service, EEOC Appeal No. 01A54324
(September 15, 2005). Complainant alleges discrimination, 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.,
on the bases of sex (female) and disability (migraine headaches) when:
(1) on April 30, 2004, she learned that management canceled a job for
which she was told she would be selected; and (2) on May 15, 2004, she
was denied the position of Supervisor, Maintenance Operations, EAS-17,
O'Hare Airport Mail Center in Chicago, Illinois.
The alleged responsible official (RMO) affirmed that he was not aware
of complainant's alleged disability. In addition, RMO stated that
although the interview board did not recommend complainant, he chose to
interview her as a courtesy since complainant was an EAS-17 supervisor.
In addition, RMO states that complainant did not perform well during her
interview. Specifically, he noted that complainant showed no knowledge of
maintenance operations and was not familiar with the Airport Mail Center,
O'Hare facility. With respect to the re-posted position, RMO affirmed
that complainant failed to show up for her interview and that he was under
the belief that complainant was no longer interested in the position.
EEOC Regulations provide that the Commission may, in its discretion,
grant a request to 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).
After reconsidering 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.<1> We note that complainant restates previous arguments
and evidence previously consider. The preponderance of the evidence
does not establish pretext or discriminatory animus. The decision
in EEOC Appeal No. 01A54324 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
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
November 29, 2005
__________________
Date
1 This decision assumes, without deciding,
that complainant is an individual with a disability within the meaning
of the Rehabilitation Act.