05a20667
08-21-2002
L.D. Mayo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
L.D. Mayo v. United States Postal Service
05A20667
8/21/02
.
L.D. Mayo,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20667
Appeal No. 01A00334
Agency No. 4G-760-0082-97 et al
Hearing No. 310-99-5159X
DENIAL OF REQUEST FOR RECONSIDERATION
L.D. Mayo (complainant) timely initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in L.D. Mayo v. United States Postal Service, EEOC Appeal No. 01A00334
(March 14, 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 four formal complaints alleging discrimination:
on the bases of sex (male), age (DOB: 7/13/46), and disability (back
injury), when he was issued a letter of warning for failure to perform
his duties in a satisfactory manner on December 3, 1996;
on the bases of sex, age, disability and reprisal when, on January 3,
1997, he was placed off the clock;
on the bases of race (Caucasian), sex, age, disability and/or reprisal,
when, on February 28, 1997, and on April 25, 1997, he received a 14
day suspension; and
on the bases of sex, age, disability and reprisal, when, on April 24,
1997, his route was changed.
Following an investigation into the complaints, complainant requested a
hearing before an EEOC Administrative Judge (AJ), who found complainant
established discrimination with respect to his first two complaints only.
Thereafter, the agency issued a final decision rejecting the AJ's
findings of discrimination. Complainant appealed, and we reversed the
portion of the agency's final decision that rejected the AJ's findings
of discrimination.
In his request for reconsideration, complainant argues that which
he argued on appeal. 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. Complainant failed to establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 01A00334 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.
ORDER (D0900)
The agency is ordered to take the following remedial action:
The agency shall immediately rescind and remove the Letter of Warning
from complainant's official personnel file.
The agency shall pay complainant back pay, with interest, for any pay lost
when he was placed off the clock between January 3, 1997, and February
4, 1997. If complainant took annual or sick leave during the time he
was off the clock, the agency shall return such leave to complainant.
The agency shall determine the appropriate amount of back pay (with
interest, if applicable) and other benefits due complainant, 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."
The agency shall conduct training for the Acting Station Manager and
the supervisor who were found to have discriminated against complainant
when they issued a Letter of Warning and took complainant off the clock.
The agency shall address these employees' responsibilities with respect
to eliminating discrimination in the workplace and all other supervisory
and managerial responsibilities under equal employment opportunity law.
The agency shall post a notice in accordance with the order below.
The issue of compensatory damages is REMANDED to the Hearings Unit of
the Dallas District Office. The agency is directed to submit a copy
of the complaint file to the EEOC Hearings Unit within fifteen (15)
calendar days of the date this decision becomes final. The agency shall
provide written notification to the Compliance Officer at the address
set forth below that the complaint file has been transmitted to the
Hearings Unit. Thereafter, the Administrative Judge must be assigned
in an expeditious manner to further process the issue of compensatory
damages in accordance with the regulations.
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 supporting documentation of the
agency's calculation of backpay and other benefits due complainant,
including evidence that the corrective action has been implemented.
POSTING ORDER (G0900)
The agency is ordered to post at its Arlington, Texas facility 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.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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)
(1994 & Supp. IV 1999). 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.
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
8/21/02
Date
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
An Agency of the United States Government
Notice is posted pursuant to an Order by the United States Equal
Employment Opportunity Commission dated ___________ which found that
a violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., has occurred at this facility.
Federal law requires that there be no discrimination against any
employee or applicant for employment because of that person's RACE,
COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect
to hiring, firing, promotion, compensation, or other terms, conditions,
or privileges of employment.
The U.S. Postal Service, Arlington, Texas Post Office, (hereinafter
referred to as �facility�) supports and will comply with such Federal
law and will not take action against individuals because they have
exercised their rights under law.
The facility was found to have discriminated against the complainant
when it issued him a Letter of Warning, and then removed him from work
without establishing that there was no work available within his medical
restrictions. The facility was ordered to award the individual back pay
and associated benefits, restore any used annual or sick leave during
the relevant time period, rescind the discipline, and conduct training.
The complaint was also remanded to an EEOC Administrative Judge for a
determination on complainant's request for compensatory damages.
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