Margaret Greene, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, (Southeast/Southwest Region), Agency.

Equal Employment Opportunity CommissionMay 18, 2000
01994840 (E.E.O.C. May. 18, 2000)

01994840

05-18-2000

Margaret Greene, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Southeast/Southwest Region), Agency.


Margaret Greene v. United States Postal Service

01994840

May 18, 2000

.

Margaret Greene,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Southeast/Southwest Region),

Agency.

Appeal No. 01994840

Agency No. 4H-330-1548-96

Hearing No. 150-98-8555X

DECISION

Complainant timely initiated an appeal from a final agency decision

(FAD) dismissing her complaint, pursuant to 64 Fed. Reg. 37,644, 37,656

(1999)(to be codified at 29 C.F.R. � 1614.107(a)(1)).<1> Complainant

alleged that she was subjected to discrimination on the bases of race

(Black), sex (female) and in reprisal for prior protected activity when

on April 29, 1996, she was told to report to Consumer Affairs for a

detail assignment instead of being returned to her permanent position.

The agency accepted this complaint for processing and at the conclusion

of the investigation, complainant requested a hearing before an EEOC

Administrative Judge (AJ). The assigned AJ reviewed the file and

remanded the complaint to the agency finding that the issue raised by

complainant was essentially the same issue she raised in agency case

nos. 4H-330-1706-95 and 4H-330-1125-96 which was addressed by an EEOC AJ

in a Recommended Decision following a two day hearing in Miami, Florida.

Upon review we concur with the AJ's finding that complainant is

essentially alleging that she was forced to take a detail assignment that

she did not want, a claim based on the same set of facts and circumstances

as the detail assignment claim raised in the above referenced agency

cases. We conclude that complainant has failed to state a claim upon

which relief can be granted in so far as she is not entitled to any

further relief than that awarded in agency case nos. 4H-330-1706-95 and

4H-330-1125-96. Accordingly, we affirm the agency's dismissal.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0300)

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 64

Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred

to as 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 19848, Washington, D.C. 20036. 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified

and hereinafter referred to as 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).

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION(S0400)

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 (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

May 18, 2000

__________________

Date

1 On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.