Virginia Rosas, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 20, 2003
05A30104 (E.E.O.C. Mar. 20, 2003)

05A30104

03-20-2003

Virginia Rosas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Virginia Rosas v. United States Postal Service

05A30104

03-20-03

.

Virginia Rosas,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A30104

Appeal No. 01A01378

Agency Nos. 4G-780-0231-98,

4G-780-1028-96

Hearing Nos. 360-99-8419X,

360-97-8387X

DENIAL OF REQUEST FOR RECONSIDERATION

Virginia Rosas (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider the

decision in Virginia Rosas v. United States Postal Service, EEOC Appeal

No. 01A01378 (September 11, 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).

Complainant filed an EEO complaint claiming that she had been

discriminated against on the bases of race (Mexican-American), sex

(female), disability (carpal tunnel syndrome) and reprisal for prior EEO

activity when: 1) from August 1994 thru September 1995, she was sexually

harassed by her supervisor; 2) on October 14, 1996, she was required

to work outside of her medical restrictions; and 3) on March 24, 1998,

she was reassigned from the Personnel Office to the Training Office.

The complaint was accepted for investigation. After complainant was

issued the report of investigation, she requested a hearing before an

EEOC administrative Judge (AJ). The AJ held a hearing, and issued a

decision finding that the complainant had not been discriminated against.

In her decision, issued on September 28, 1999, the AJ found that

complainant had failed to establish a prima facie case of sexual

harassment. The AJ also found that complainant had established prima

facie cases of disability, race and reprisal discrimination. The AJ

further concluded that the agency offered legitimate non-discriminatory

reasons for its actions. The AJ found that complainant failed to show

that these reasons were pretext for discrimination. The agency issued a

final order which implemented the AJ's decision. The previous decision

affirmed the agency's implementation of the AJ's decision.

In her request for reconsideration, complainant submitted arguments

in which she attempted to show that the AJ's decision was incorrectly

decided. She argued that she had established a prima facie case of

sexual harassment and that the agency had not shown that it took prompt,

corrective action regarding that harassment. She also argued that she had

shown that the agency's reasons for its actions were pretextual, and that

she should have prevailed. The agency objected to complainant's request

for reconsideration on the grounds that she had not met the criteria

for the granting of reconsideration. With respect to complainant's

arguments, we find that even assuming complainant established a prima

facie case of sexual harassment, the agency did take prompt, corrective

action once it was on notice. The record reflects that once complainant

contacted an EEO Counselor regarding her complaint, the agency conducted

an investigation into the environment at complainant's facility, and

the responsible management official was issued a 30-day suspension and

was transferred to another unit. The complainant did not show that the

agency was on notice before her EEO contact, and none of her witnesses

testified that they had complained about the supervisor to appropriate

individuals within the agency. We also find that the AJ's conclusions

on her other claims were supported by the record and complainant has

not shown that the AJ or the previous decisions were clearly erroneous.

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), and it is the

decision of the Commission to deny the request. The decision in EEOC

Appeal No. 01A01378 remains the Commission's final decision. There is no

further right of administrative appeal on the decision of the Commission

on this request for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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 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.

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

______03-20-03____________

Date