01a00258
05-02-2000
Steven Gregory, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Steven Gregory, )
Complainant, )
)
v. ) Appeal No. 01A00258
) Agency No. 4-D-270-1121-96
William J. Henderson, ) Hearing No. 140-97-8378X
Postmaster General, )
United States Postal Service, )
Agency. )
_______________________________ )
DECISION
The Commission finds that the agency's September 15, 1999 decision
finding that the agency did not discriminate against complainant based on
complainant's race (Black), disability (back injury), and in retaliation
for prior EEO activity was proper.<1>
Complainant requested a hearing before an EEOC Administrative Judge.
An administrative judge issued a decision finding no discrimination
after holding a hearing. Complainant alleged that he was discriminated
against when:
On April 2, 1996, complainant was sent home after two hours of work by
the Station Manager and told to take form CA-17 to his doctor.
On April 5, 1996, complainant received a letter from the Station Manager
stating that complainant's absence from March 29 until he returned the
CA-17 form would be charged to absent without leave (AWOL).
After receiving a telephone call on April 10, 1996 to report to work on
April 11, 1996, complainant was sent home by the Station Manager pending
removal.<2>
The administrative judge, relying on the testimony by the Station
Manager at the hearing, found that the agency articulated legitimate,
non-discriminatory reasons for its actions in claims 1 - 3. The
administrative judge found that the complainant was often not credible in
his testimony. The administrative judge found that complainant failed
to establish that the agency's articulated reasons were a pretext for
discrimination.
In the agency's September 15, 1999 decision the agency also found no
discrimination. Additionally, the agency rejected the administrative
judge's finding that complainant was disabled. After reviewing the
record, the Commission finds that the administrative judge correctly
determined that complainant failed to show by a preponderance of the
evidence that the actions at issue in claims 1 - 3 were motivated in any
way by prohibited discriminatory animus. Because of our disposition,
there is no need to address whether the administrative judge properly
determined that complainant was disabled.
The agency's decision finding no discrimination is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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). 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)
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:
May 2, 2000
DATE
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________ Date
1On 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.
2The actual removal is not at issue in the instant matter.