01a05932
11-28-2000
Teri Ransom, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Pacific/Western Region), Agency.
Teri Ransom v. United States Postal Service
01A05932
November 28, 2000
.
Teri Ransom,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Pacific/Western Region),
Agency.
Appeal No. 01A05932
Agency No. 1E-801-0020-97
Hearing No. 320-98-8167X
DECISION
Complainant timely initiated an appeal from the agency's final order
concerning her equal employment opportunity (EEO) complaint of unlawful
employment discrimination in violation of the Rehabilitation Act of
1973, as amended, 29 U.S.C. � 791 et seq.<1> Complainant alleges she was
discriminated against when the agency failed to accommodate her disability
(carpal tunnel syndrome) by: (1) assigning her to perform a job that
was not within her restrictions; (2) denying her the use of a keyboard;
(3) telling her to go home on June 10, 1994 when she complained about a
job description and instructing her not to return; and (4) giving her a
letter advising her to resign, retire or be terminated as she had been
on Leave Without Pay for too long. The appeal is accepted pursuant
to 29 C.F.R. � 1614.405. �1614.405.<2> For the following reasons,
the Commission AFFIRMS the agency's final order.
The record reveals that during the relevant time, complainant was
employed as a Distribution Clerk at the agency's Denver, Colorado,
General Mail Facility. Believing she was a victim of discrimination,
complainant sought EEO counseling and filed a formal complaint with the
agency on November 15, 1996. At the conclusion of the investigation,
complainant received a copy of the investigative report and requested a
hearing before an EEOC Administrative Judge (AJ). The AJ held a hearing
and issued a Recommended Decision finding that the agency discriminated
against complainant on the basis of her disability when she was sent
home on June 10, 1994 and told not to return due to her complaining
about her job description which required her to write reports. However,
the AJ found that the agency had not discriminated against complainant
with respect to the other matters set forth above. As relief, the AJ
ordered the agency to take appropriate actions to ensure that no employee
was retaliated against for opposing unlawful employment practices, to
conduct training for all supervisory and management at the agency's
Denver, Colorado, Postal Inspection Service and Injury Compensation
Control Office, to pay complainant compensatory damages in the amount
of $6,274.00, in addition to back pay and benefits, and reasonable
attorney's fees.
Complainant timely appealed the agency's order and subsequently submitted
a written brief. In her brief, complainant clearly articulates that
she is not appealing the agency's order or any of the findings on her
complaint. Rather, complainant seeks to file a pro se motion asking the
Commission for an expedited decisions and injunctive relief on behalf
of other agency employees whom complainant states have also harmed by
discrimination.
The Commission notes that to the extent complainant seeks to file
a class action for other agency employees, she should seek EEO
counseling and proceed pursuant to the Commission's regulations.
See 29 C.F.R. �1614.204. The Commission's regulations do not provide
for a complainant, in a pro se motion filed pursuant to her appeal of
an agency's order, to seek injunctive relief or an expedited decision
on behalf of other agency employees. Inasmuch as complainant does not
challenge any of the AJ's findings and the agency's order stated that
it would fully implement the AJ's decision, the AJ's decision, it is
the decision of the Commission to AFFIRM the final order of the agency.
In this respect, the Commission will order the agency to provide the
relief previously awarded to the extent the agency has not yet done so.
Therefore, should the agency have failed to provide such relief, and does
not comply with the ORDER below, complainant may petition the Commission
for enforcement of the Order. 29 C.F.R. � 1614.503(a).
ORDER
To the extent it has not already done so, the agency is ordered to take
the following remedial action:
1. The agency shall take all appropriate actions to insure that no
employee is retaliated against for participating in this proceeding,
or opposing unlawful employment practices.
2. The agency shall determine the appropriate amount of back pay (with
interest, if applicable) and other benefits due complainant as a result
of the discrimination which forced her absence from work from June 11,
1994 through March 14, 1995, pursuant to 29 C.F.R. �1614.501, no later
than sixty (60) calendar days after the date this decision becomes
final. The complainant shall cooperate in the agency's efforts to compute
the amount of back pay and benefits due, and shall provide all relevant
information requested by the agency. If there is a dispute regarding
the exact amount of back pay and/or benefits, the agency shall issue
a check to the complainant for the undisputed amount within sixty (60)
calendar days of the date the agency determines the amount it believes
to be due. The complainant may petition for enforcement or clarification
of the amount in dispute. The petition for clarification or enforcement
must be filed with the Compliance Officer, at the address referenced in
the statement entitled "Implementation of the Commission's Decision."
3. The agency shall pay to complainant the amount of $6,027.00 in
compensatory damages with in sixty (60) days of the date this decision
becomes effective. See West v. Gibson, 119 S.Ct. 1906 (1999).
4. The agency shall conduct EEO training for all supervisory and
managerial employees at the agency's Denver, Colorado, Postal Inspection
Service and Injury Compensation Control Office, including all currently
employed persons who were in supervisory, managerial or administrative
positions at those locations in June of 1994. This training shall include
an emphasis on disability discrimination with respect to eliminating
discrimination in the Federal workplace, with a particular emphasis on
the duty to accommodate individuals with disabilities.
5. 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 evidence that the corrective action
has been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its Denver, Colorado, Postal Inspection
Service and Injury Compensation Control Office facilities 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 (H0900)
If complainant has been represented by an attorney (as defined by 29
C.F.R. � 1614.501(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. �
1614.501(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. � 1614.501.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
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)(Supp. V 1993). 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.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil action,
you have the right to file such action in an appropriate
United States District Court within ninety (90) calendar days from the
date that you receive this decision. 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 28, 2000
__________________
Date
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
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 the Rehabilitation Act of 1973, as amended, 29 U.S.C. �791,
et seq. has occurred at the United States Postal Inspection Service and
the United States Postal Service's Injury Compensation Control Office
in Denver, Colorado (hereinafter �facilities�).
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 privileges of employment.
The facilities support and will comply with such Federal law and will
not take action against individuals because they have exercised their
rights under law.
The facilities were found to have unlawfully discriminated against
the individual affected by the Commission's findings on the basis of
disability. The facilities shall therefore remedy the discrimination by
providing back pay and other benefits due complainant attributable to her
forced absence from work, providing compensatory damages, and providing
training to relevant officials on equal employment opportunity law in the
federal workplace. The facilities will ensure that officials responsible
for personnel decisions and terms and conditions of employment will abide
by the requirements of all Federal equal employment opportunity laws.
The facility 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 participates in proceedings
pursuant to, Federal equal employment opportunity law.
Date Posted:
Posting Expires:
29 C.F.R. Part 1614
1 The Rehabilitation Act was amended in 1992 to apply the standards of
the Americans with Disabilities Act (ADA) to complaints of discrimination
by federal employees or applicants for employment.
2 On 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.