Tommy W. Inman, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 4, 2003
01A30373_r (E.E.O.C. Mar. 4, 2003)

01A30373_r

03-04-2003

Tommy W. Inman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Tommy W. Inman v. United States Postal Service

01A30373

March 4, 2003

.

Tommy W. Inman,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A30373

Agency No. 4G-760-0035-02

Hearing No. 310-A2-5120X

DECISION

Complainant filed a formal EEO complaint in which he claimed that the

agency discriminated against him on the bases of his disability (left

knee replacement) and in reprisal for his previous EEO activity under

the Rehabilitation Act when on September 6, 2001, he was removed from

his position as a Letter Carrier, grade 6.

The agency investigated the complaint and thereafter referred the matter

to an Administrative Judge (AJ), pursuant to complainant's request for

a hearing. Without holding a hearing, the AJ issued a decision finding

no discrimination. The agency issued a final action concurring with the

AJ's decision. It is from this final action that complainant now appeals.

The Commission's regulations allow an AJ to issue a decision without a

hearing when he or she finds that there is no genuine issue of material

fact. 29 C.F.R. � 1614.109(g). This regulation is patterned after the

summary judgment procedure set forth in Rule 56 of the Federal Rules of

Civil Procedure. The U.S. Supreme Court has held that summary judgment

is appropriate where a court determines that, given the substantive

legal and evidentiary standards that apply to the case, there exists

no genuine issue of material fact. Anderson v. Liberty Lobby, Inc.,

477 U.S. 242, 255 (1986). In ruling on a motion for summary judgment,

a court's function is not to weigh the evidence but rather to determine

whether there are genuine issues for trial. Id. at 249. The evidence of

the non-moving party must be believed at the summary judgment stage and

all justifiable inferences must be drawn in the non-moving party's favor.

Id. at 255. An issue of fact is "genuine" if the evidence is such that

a reasonable fact finder could find in favor of the non-moving party.

Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Oliver v. Digital

Equip. Corp., 846 F.2D 103, 105 (1st Cir. 1988). A fact is "material"

if it has the potential to affect the outcome of the case. If a case

can only be resolved by weighing conflicting evidence, summary judgment

is not appropriate. In the context of an administrative proceeding,

an AJ may properly consider summary judgment only upon a determination

that the record has been adequately developed for summary disposition.

In the absence of direct evidence of discrimination, the allocation

of burdens and order of presentation of proof in a case claiming

discrimination is a three-step process as set forth in McDonnell Douglas

Corporation v. Green, 411 U.S. 792, 802-803 (1973), and its progeny.

For complainant to prevail, he must first establish a prima facie

case of discrimination by presenting facts that, if unexplained,

reasonably give rise to an inference of discrimination, i.e., that a

prohibited consideration was a factor in the adverse employment action.

McDonnell Douglas, 411 U.S. at 802; Furnco Construction Corp. v. Waters,

438 U.S. 567 (1978). The burden then shifts to the agency to articulate

a legitimate, nondiscriminatory reason for its actions. Texas Department

of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981). To ultimately

prevail, complainant must prove, by a preponderance of the evidence, that

the agency's explanation is pretextual. Reeves v. Sanderson Plumbing

Products, Inc., 530 U.S. 133 (2000).

This order of analysis in discrimination cases, in which the first step

normally consists of determining the existence of a prima facie case,

need not be followed in all cases. Where the agency has articulated a

legitimate, nondiscriminatory reason for the personnel action at issue,

the factual inquiry can proceed directly to the third step of the

McDonnell Douglas analysis, the ultimate issue of whether complainant

has shown by a preponderance of the evidence that the agency's actions

were motivated by discrimination. United States Postal Service Board of

Governors v. Aikens, 460 U.S. 711, 713-714 (1983); Hernandez v. Department

of Transportation, EEOC Request No. 05900150 (June 28, 1990).

For purposes of analysis, we will assume, arguendo, that complainant has

established a prima facie case of disability and reprisal discrimination.

Next, we shall consider whether the agency articulated legitimate,

nondiscriminatory reasons for its action. The agency stated that it

removed complainant because he falsified his employment application by

omitting a prior employment at which he sustained an on the job injury

to his elbow. The agency noted that complainant failed to disclose in

his medical history the injury to his elbow. We find that the agency

articulated legitimate, nondiscriminatory reasons for its removal of

complainant.

A review of the record reveals that complainant has not established that

the agency's stated reasons were pretext intended to mask discriminatory

intent. Complainant claims that although his job application with the

agency was on file for several years, the agency did not issue him

a proposed removal until thirty days after he filed his OWCP claim.

Complainant argues that there is no legitimate business reason for his

termination given that his current injury involves his left knee and his

previous injury was to his arm. Complainant has not claimed on appeal

that he did not falsify his job application. Complainant failed to

establish that any individuals outside his protected group were found to

have falsified their job application but were not terminated. We find

that complainant has not submitted persuasive argument or evidence to

establish that his removal was based on discriminatory purposes rather

than the reasons set forth by the agency.

After a review of the record in its entirety, it is the decision of

the Equal Employment Opportunity Commission to AFFIRM the agency's

final action finding no discrimination, because the Administrative

Judge's issuance of a decision without a hearing was appropriate and a

preponderance of the record evidence does not establish that disability

or reprisal discrimination occurred.

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

March 4, 2003

__________________

Date