Linda K. Johnson, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 15, 2009
0520090065 (E.E.O.C. Jan. 15, 2009)

0520090065

01-15-2009

Linda K. Johnson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Linda K. Johnson,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520090065

Appeal No. 0120072259

Agency No. 4G780020806

DENIAL

Complainant timely requested reconsideration of the decision in Linda

K. Johnson v. United States Postal Service, EEOC Appeal No. 0120072259

(September 15, 2008). 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).

Complainant filed a formal complaint alleging disability (neck, spine,

shoulder, knees and head injury), and in reprisal for prior EEO activity

when: (1) on August 4, 2006 and September 2006, she received a Letter

of Demand for $1,131.76; (2) in August 2006, her salary was cut to

$35,612.00 per year and management failed to give her a salary advance;

and (3) on June 2, 2006, her step increase was denied.1

The previous decision found complainant, who suffered on the job injuries

in 1998 failed to establish that discrimination occurred. The prior

decision found that although some errors and discrepancies in pay were

made, complainant failed to produce any evidence of discriminatory

or retaliatory animus. Accordingly, the prior decision affirmed the

agency's final action.

In her request for reconsideration, complainant contends that errors were

made and not corrected. As a result, she says she has suffered emotional

anguish. 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. Complainant failed to establish that the prior decision

involved a clearly erroneous interpretation of material law or fact.

Complainant failed to present evidence that she was treated disparately

because of a discriminatory or retaliatory motive. The decision in

EEOC Appeal No. 0120072259 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 (P0408)

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 (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

January 15, 2009

Date

1 Complainant filed five other claims, but they were dismissed by the

agency and not raised on appeal.

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2

0520090065

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0520090065