01a03791
04-30-2001
Carolnettra McCoy, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Carolnettra McCoy v. United States Postal Service
01A03791
04-30-01
.
Carolnettra McCoy,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A03791
Agency No. 1D-284-1003-96
Hearing No. 140-99-8232X
DECISION
On April 27, 2000, Carolnettra McCoy (hereinafter referred to as
complainant) filed a timely appeal from the March 29, 2000, final action
of the United States Postal Service (hereinafter referred to as the
agency) concerning her complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq. The appeal is timely filed (see 29 C.F.R. �
1614.402(a)) and is accepted in accordance with 29 C.F.R. � 1614.405.
For the reasons that follow, the agency's action is AFFIRMED.
The issue presented in this appeal is whether the complainant has proven,
by a preponderance of the evidence, that the agency discriminated against
her on the bases of race (black) and sex when she was issued a 14-day
suspension on October 20, 1995.
Following an investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). On March 6, 2000, the AJ issued a
decision without a hearing finding that the agency did not discriminate
against complainant. The agency agreed, and this appeal followed.
Complainant was a MPLSN clerk at the agency's facility in Fayetteville,
North Carolina. After she had clocked out, she was speaking with another
employee near the union office when a supervisor (S1) asked her to leave
the facility several times, and she did not do so. Complainant was issued
a notice of suspension for failing to obey the instructions of S1.<1>
The AJ found that complainant failed to establish a prima facie case of
discrimination, because she did not demonstrate that she was subjected
to different treatment than a similarly situated employee outside of
her protected groups.
After a careful review of the record, the Commission finds that the
decision of the AJ accurately states the facts and correctly applies the
pertinent principles of law. The Commission notes, however, that while
the AJ found that complainant failed to established a prima facie case
because she did not show that she was treated differently than similarly
situated employees, complainant needed only to present evidence which, if
unrebutted, would support an inference that the agency's actions resulted
from discrimination. See O'Connor v. Consolidated Coin Caterer's Corp.,
517 U.S. 308(1996); Enforcement Guidance on O'Connor v. Consolidated
Coin Caterer's Corp., EEOC Notice No. 915.002, n. 4 (September 18, 1996).
Nevertheless, an independent review of the record reveals no rationale for
overturning the AJ's ultimate finding of no discrimination, given that
complainant did not present persuasive evidence of discrimination which
would give rise to such an inference.<2> Accordingly, it is the decision
of the Commission to AFFIRM the agency's final action in this matter.<3>
CONCLUSION
Accordingly, the agency's final action was proper and is AFFIRMED.
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 (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
___04-30-01_______________
Date
1We note that a union arbitration determined that the agency did not have
"just cause" to issue the suspension and that complainant and S1 shared
responsibility for the incident.
2In her appeal statement, complainant contended that, because the AJ
granted the agency's motion for summary judgment, the AJ was biased,
and she was not given an opportunity to present her case or respond in
a hearing to management.
3After review of the record, the Commission also finds that the AJ's
issuance of a decision without a hearing was appropriate.