05980713
09-30-1999
Tanya L. Jones, Appellant, v. 4D-2423-93 Postmaster General, Postal Service, 4D-200-2684-93 4D-200-1034-94 120-94-5544X 120-94-5545X 120-94-5546X 120-94-5671X 120-94-5807X 120-94-5808X ______________________________)
Tanya L. Jones, )
Appellant, )
) Request No. 05980713
v. ) Appeal No. 01960590
) Agency Nos.4D-2370-93 William J. Henderson, )
4D-2423-93
Postmaster General, ) 2C-2098-92 United States
Postal Service, ) 1D-000-2613-93 Agency.
) 4D-200-2645-93 )
4D-200-2684-93 )
4D-200-1034-94
) 4D-200-2710-93
) 4D-200-2729-93
) Hearing Nos. 120-94-5325X
) 120-94-5326X
) 120-94-5452X )
120-94-5544X )
120-94-5545X )
120-94-5546X )
120-94-5671X )
120-94-5807X )
120-94-5808X
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 29, 1998, the United States Postal Service (hereinafter referred
to as the agency) timely initiated a request to the Equal Employment
Opportunity Commission (the Commission) to reconsider the decision in
Tanya L. Jones v. William J. Henderson, Postmaster General, United States
Postal Service, EEOC Appeal No. 01960590 (March 26, 1998). The agency
received the decision on March 30, 1998. On May 18, 1998, appellant filed
a timely cross-request for reconsideration. See 29 C.F.R. �1614.402(b).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a). A party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following criteria: new
and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); the decision is of such exceptional nature as
to have substantial precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of the agency's request for reconsideration, appellant's
request for reconsideration, the previous decision, and the entire record,
the Commission finds that the agency's request<1> and appellant's request
fail to meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny the agency's request and appellant's
request. The decision in EEOC Appeal No. 01960590 (March 26, 1998)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on a Request for
Reconsideration. The agency is directed to comply with the Order, below.
ORDER
The agency is ORDERED to take the following remedial action:<2>
A. Within sixty (60) calendar days of the date this decision is
received, the agency shall award the appellant three hours of overtime
of her choice in lieu of the time she was denied on May 29, 1993;
B. Within thirty (30) calendar days of the date this decision is received,
the agency shall award the appellant $5,000.00 in nonpecuniary damages
for mental distress.
C. Within sixty (60) calendar days of the date this decision is received,
the agency shall provide training to the responsible management officials
in the requirements of Title VII of the Civil Rights Act of 1964, as
amended. Documentation evidencing completion of such training shall
be submitted to the Compliance Officer within thirty (30) calendar
days thereafter.
D. The agency is further directed to submit a report of compliance, as
provided in the statement entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation that the
corrective action ordered has been implemented.
POSTING ORDER (G1092)
The agency is ORDERED to post at its Wheaton, Maryland, facility copies
of the attached notice. Copies of the notice, after being signed by the
agency's duly authorized representative, shall be posted by the agency
within thirty (30) calendar days of the date this decision becomes final,
and shall remain posted for sixty (60) consecutive days, in conspicuous
places, including all places where notices to employees are customarily
posted. The agency shall take reasonable steps to ensure that said
notices are not altered, defaced, or covered by any other material.
The original signed notice is to be submitted to the Compliance Officer
at the address cited in the paragraph entitled "Implementation of the
Commission's Decision," within ten (10) calendar days of the expiration
of the posting period.
ATTORNEY'S FEES (H1092)
If appellant has been represented by an attorney (as defined by
29 C.F.R. s1614.501(e)(1)(iii)), he/she is entitled to an award of
reasonable attorney's fees incurred in the processing of the complaint. 29
C.F.R. s1614.501(e). The award of attorney's fees shall be paid by the
agency. The attorney shall submit a verified statement of fees to the
agency--not to the Equal Employment Opportunity Commission, Office of
Federal Operations--within thirty (30) calendar days of this decision
becoming final. The agency shall then process the claim for attorney's
fees in accordance with 29 C.F.R. s1614.501.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. s1614.503(a). The appellant 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. ss1614.408, 1614.409, and 1614.503(g). Alternatively, the
appellant 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. ss1614.408 and 1614.409. A civil action for enforcement
or a civil action on the underlying complaint is subject to the deadline
stated in 42 U.S.C. s2000e-16(c) (Supp. V 1993). If the appellant files
a civil action, the administrative processing of the complaint, including
any petition for enforcement, will be terminated. See 29 C.F.R. s1614.410.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
09-30-99
Date Frances M. Hart
Executive Officer
Executive Secretariat
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AN AGENCY OF THE UNITED STATES GOVERNMENT
This Notice is posted pursuant to an Order by the United States Equal
Employment Opportunity Commission dated which found
that a violation of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. �2000e et seq., has occurred at this facility.
Federal law requires that there be no discrimination against any employee
or applicant for employment because of the person's RACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN, AGE or PHYSICAL or MENTAL DISABILITY with respect
to hiring, firing, promotion, compensation, or other terms, conditions
or privilege of employment.
The United States Postal Service, Wheaton, Maryland, supports and
will comply with such Federal law and will not take action against
individuals because they have exercised their rights under the law.
It has remedied the employee affected by the Commission's finding by,
inter alia, providing back pay, training to supervisory personnel,
and compensatory damages. The United States Postal Service, Wheaton,
Maryland, will ensure that officials responsible for personnel decisions
and terms and conditions of employment will abide by the requirements
of all federal equal employment laws and will not subject employees to
differential treatment based on race and sex or retaliate against them.
The United States Postal Service, Wheaton, Maryland, will not in any
manner restrain, interfere, coerce, or retaliate against any individual
who exercises his or her right to oppose practices made unlawful by,
or who participated in proceedings pursuant to, Federal equal employment
opportunity law.
Date Posted:
Posting Expires:
29 C.F.R. Part 1614.1The agency's request for reconsideration consists
of its resubmission of its final agency decision and asks that the
Commission review it again. This is not new and material evidence
previously unavailable and will not be considered argument or evidence
to support a request for reconsideration.
2We note that neither party disputed the remedy as stated in the previous
decision in their respective requests for reconsideration.