Yolanda M. Lee, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 2, 2009
0120090287 (E.E.O.C. Feb. 2, 2009)

0120090287

02-02-2009

Yolanda M. Lee, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Yolanda M. Lee,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120090287

Agency No. 1E981003108

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's

appeal from the agency's September 10, 2008 final decision concerning

her equal employment opportunity (EEO) complaint alleging employment

discrimination in violation of Title VII of the Civil Rights Act of

1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. Complainant

alleged that the agency discriminated against her on the bases of race

(African-American), color (Black), and reprisal for prior protected EEO

activity when:

1. on or about January 23, 2008, complainant's supervisor instructed

complainant to tell on her co-workers, and if she didn't, she would

have to do their assignments, and if she didn't do that, she would be

subjected to an investigative interview and corrective action;

2. on or about January 23, 2008, she was denied a union steward;

3. on an unspecified date, her prime vacation dates were bumped; and

4. on unspecified dates, she was denied proper training, which

resulted in an injury.

On May 23, 2008, the agency issued a Partial Acceptance/Partial Dismissal

of Formal EEO Complaint. Therein, the agency dismissed Issues 1 and 2

because they failed to state a claim. The agency accepted Issues 3 and

4 for an investigation.

On September 10, 2008, the agency issued its final decision finding

no discrimination because complainant failed to establish the agency's

reasons for its actions were a pretext for discrimination. Specifically,

the agency found that her vacation requests were bumped due to an error.

Furthermore, the agency denied that complainant was ever denied training;

in fact, complainant was provided training in the days leading up to

her injury.

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

decision because the preponderance of the evidence of record does not

establish that discrimination or retaliation occurred. Furthermore,

we affirm the agency's dismissal of Issues 1 and 2 because they failed

to state a claim upon which relief could be granted.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M1208)

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 77960,

Washington, DC 20013. 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 (S0408)

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 (Z1008)

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 from the Court that

the Court appoint an attorney to represent you and that the Court also

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 with

the Court 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

February 2, 2009

Date

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0120090287

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0120090287