01992377
04-04-2002
Sheila D. Strange-Gonzalez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sheila D. Strange-Gonzalez v. United States Postal Service
01992377
04-04-02
.
Sheila D. Strange-Gonzalez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01992377
Agency No. 1G-754-0133-98
Hearing No. 310-99-5761X
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final order in the above-entitled matter.<1>
Complainant alleged discrimination on the basis of sex (female/pregnancy)
when she was issued a Notice of Removal on August 4, 1998, for failing
a physical examination. After a review of the record in its entirety,
including consideration of all statements submitted on appeal, it is the
decision of the Equal Employment Opportunity Commission to affirm the
final agency order because the Administrative Judge's ultimate finding,
that unlawful employment discrimination was not proven by a preponderance
of the evidence, is supported by the record.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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 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 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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
___04-04-02_______________
Date
(FOR OFO MERIT CASES) (INTERNAL CIRCULATION
ONLY)
INITIAL
DATE
TO: CARLTON M. HADDEN, Director, Office of Federal Operations
TO: HILDA RODRIGUEZ, Director, Appellate Review Programs
APPEAL NUMBER
01992377
AGENCY NUMBER
1G-754-0133-98
REQUEST NUMBER
HEARING NUMBER
310-99-5761X
THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL:
TITLE
NAMES
INITIAL
DATE REVIEWED
(ATTORNEY):
Oscar M. Holloway
03/28/02
(SUPERVISOR):
Lawrence Green
(DIVISION DIRECTOR):
Marie Fitzgerald
COMPLAINANT(S):
Sheila D. Strange-Gonzalez
AGENCY:
United States Postal Service
DECISION:
AFFIRMED
STATUTE(S) ALLEGED:Title VIIBASIS(ES) ALLEGED:GFISSUE(S) ALLEGED:D2WHERE
DISCRIMINATION IS FOUND (ONLY):(A) BASIS(ES) FOR FINDING:(B) ISSUES
IN FINDING:
TYPIST/DATE/DISKETTE
oh0 / 03/28/02
SPELL CHECK
YES
TEAM PROOFED
DATE
(CHECK ALL APPLICABLE CODES)
MERIT DECISION
MERIT DECISION (CONTINUED)
? 4A - MERITS DECISION
? 4B - OFO FOUND DISCRIMINATION
LIST BASIS CODES:__________________________________
LIST ISSUE CODES:__________________________________
? 4C - OFO FOUND NO DISCRIMINATION/MADE NO
DETERMINATION RE: DISCRIMINATION
? 4R - OFO FOUND SETTLEMENT BREACH
? 4S - OFO FOUND NO SETTLEMENT BREACH
? 4E - AGENCY FOUND DISCR./BREACH
? 4F - AGENCY FOUND NO DISCR./BREACH
? 4H - OFO AFFIRMED AGENCY
? 4I - OFO REVERSED AGENCY
? 4J - OFO MODIFIED AGENCY:
(NOTE): IF AFFIRMED IN PART AND REVERSED IN
PART, THEN (3L) CODE REQUIRED IF AT LEAST
ONE ISSUE IS REMANDED.
? 3L - OFO VACATED/REMANDED
? 3P - ADVERSE INFERENCE
? 4K - AJ FOUND DISCRIMINATION
? 4L - AJ FOUND NO DISCRIMINATION
? 4M - AJ MADE NO FINDING
? 4N - OFO AFFIRMED AJ
? 4O - OFO REVERSED AJ
? 4P - OFO MODIFIED AJ
? 4T - AJ ISSUED SUMMARY JUDGMENT DECISION
? 4U - OFO AFFIRMED AJ SUMMARY JUDGMENT
? 4V - OFO REVERSED AJ SUMMARY JUDGMENT
? 3H - OFO DENIED ATTORNEYS FEES
? 3I - OFO APPROVED ATTORNEYS FEES
? 3J - OFO MODIFIED ATTORNEYS FEES
? 3T - DECISION ON COMP. DAMAGES - DENIED
? 3U - DECISION ON COMP. DAMAGES - APPROVED
? 3V - DECISION ON COMP. DAMAGES - MODIFIED
? 4Q - COMPLIANCE REQUIRED
REVISED - (3/26/01)
Appellate Review Program Companion Case Checklist
COMPLAINANT
AGENCY
Appeal/Request/Petition No.
Sheila D. Strange-Gonzalez
United States Postal Service
01992377
OPEN
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
CLOSED
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
03/28/02
______________________ _______________
ATTORNEY DATE1Complainant filed this appeal
prematurely on January 27, 1999, before the issuance of the decision
of the Administrative Judge and the agency's final order. After the
Administrative Judge issued her decision, and the agency issued its order,
complainant filed a subsequent appeal. That appeal was docketed as EEOC
Appeal No. 01A13977. The subsequent appeal was administratively closed
because it was a duplicate of the instant appeal.