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
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0520090065