0520080352
05-30-2008
Reginald Buchanan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Reginald Buchanan,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080352
Appeal No. 0120063001
Hearing No. 120-2005-00547X
Agency No. 4K230008105
DENIAL
Complainant timely requested reconsideration of the decision in Reginald
Buchanan v. United States Postal Service, EEOC Appeal No. 0120063001
(February 29, 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).
In his underlying complaint, complainant alleged that the agency
discriminated against him, in violation of Section 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq., on
the basis of his disability (back condition) when, in February 2004,
he was removed from his detail working with the External First Class
Service Team. Following an investigation, the EEOC Administrative Judge
(AJ) assigned to the case found that, after viewing the evidence in a
light most favorable to complainant, a decision without a hearing was
appropriate as there were no genuine issues of material fact in dispute.
The AJ subsequently issued a decision finding no discrimination, and
the agency's final order adopted the AJ's decision. On appeal, the
Commission affirmed the agency's final order.
In his request for reconsideration, complainant reiterates his contention
that he was subjected to unlawful disability discrimination. We find,
however, that assuming, arguendo, complainant established a prima facie
case of disability discrimination, the agency nonetheless articulated
legitimate, nondiscriminatory reasons for its actions. Specifically,
that complainant was not an EAS employee and it was decided by management
that the Service Team should be comprised of only EAS employees. We find
that complainant has not proffered any evidence from which a reasonable
fact-finder could conclude that the agency's actions were motivated by
unlawful disability discrimination. Accordingly, 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. The decision
in EEOC Appeal No. 0120063001 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 (Z0408)
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 30, 2008
__________________
Date
2
0520080352
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520080352