05A21200
11-12-2002
Shirley McNeal-Alexander, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Shirley McNeal-Alexander v. United States Postal Service
05A21198, 05A21199, 05A21200, 05A21201, 05A21202
November 12, 2002
.
Shirley McNeal-Alexander,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request Nos. 05A21198, 05A21199, 05A21200,
05A21201, 05A21202
Appeal Nos. 01A03144, 01A12192, 01A11694,
01A21295, 01A22837
Agency Nos. 4F-907-0100-99, 4F-907-0070-00, 4F-907-0102-00,
4F-907-0185-00, 4F-907-0149-01
DENIAL OF REQUEST FOR RECONSIDERATION
Shirley McNeal-Alexander (complainant) timely initiated a request to
the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the consolidated decision in Shirley McNeal-Alexander v. United
States Postal Service, EEOC Appeal Nos. 01A03144, 01A12192, 01A11694,
01A21295, and 01A22837 (July 31, 2002). EEOC Regulations provide that
the Commission may, in its discretion, 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).
After a review of complainant's request for reconsideration, 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).
The previous decision involved a total of 40 claims set forth in 5
separate complaints. The Commission reversed the agency with respect to 37
of those claims and remanded them for further processing. The agency had
dismissed the remaining 3 claims on the ground that they raised claims
that are not properly the subject of an administrative EEO complaint.
The previous decision affirmed the dismissal of those claims.<1> In
her request for reconsideration, complainant characterizes the agency's
dismissal of those claims as �an agency plot� and accuses the agency of
making a �total misrepresentation.� She fails, however, to identify
any legal or factual error in the previous decision. In particular,
she fails to address the Commission authorities relied upon in the
previous decision.
Accordingly, it is the decision of the Commission to deny the request.
The decision in EEOC Appeal Nos. 05A21198, 05A21199, 05A21200, 05A21201,
and 05A21202 remains the Commission's final decision. The agency is
directed to comply with the previous decision's Order, reprinted below.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
Within 45 days from the date this decision becomes final, the agency shall
supplement the investigative reports pertaining to Complaints 1-5, by,
inter alia: (a) correctly identifying the claims that make up a pattern
of harassment; (b) correctly identifying any disparate treatment claims;
(c) correctly identifying any reasonable accommodation claims; (d)
requesting specific information from complainant in order to better
understand the details of her claims; and (e) obtaining supplemental
affidavits and rebuttal affidavits, if new information obtained has not
been addressed by relevant witnesses.
Within 45 days from the date this decision becomes final, the agency
shall consolidate the investigative reports pertaining to Complaints
1-5, including issuing a new summary of investigation which shall cover
all claims;
Following the completion of the investigation, the agency shall provide
complainant a copy of the investigative report which shall include
a notice of the right to request a hearing in accordance with 29
C.F.R. �1614.108(f); and
Depending on whether complainant requests a hearing or FAD, the agency
shall issue a Final Action or Decision in accordance with the Commission's
regulations.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing In the alternative, you may file a civil action after
one hundred and eighty (180) calendar days of the date you filed your
complaint with the agency, or filed your appeal with the Commission.
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. 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
November 12, 2002
__________________
Date
1The previous decision misidentifies these three claims as Claims 1,
4 and 5 of Complaint 4. In fact, the claims involved are Claims 1, 4
and 5 of Complaint 5 filed by complaint, i.e., Agency No. 4F-907-0149-01.
This error was apparent on the face of the decision and, as complainant's
request for reconsideration and the agency's opposition thereto
demonstrate, did not result in confusion on the part of the parties as
to the holding of the decision or the reasoning underlying it.