Sheila D. Strange-Gonzalez v. United States Postal Service 01992377 04-04-02 . Sheila D. Strange-Gonzalez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency. Appeal No. 01992377 Agency No. 1G-754-0133-98 Hearing No. 310-99-5761X DECISION Pursuant to 29 C.F.R. § 1614.405, the Commission accepts the complainant's appeal from the agency's final order in the above-entitled matter.<1> Complainant alleged discrimination on the basis of sex (female/pregnancy) when she was issued a Notice of Removal on August 4, 1998, for failing a physical examination. After a review of the record in its entirety, including consideration of all statements submitted on appeal, it is the decision of the Equal Employment Opportunity Commission to affirm the final agency order because the Administrative Judge's ultimate finding, that unlawful employment discrimination was not proven by a preponderance of the evidence, is supported by the record. 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 ___04-04-02_______________ Date (FOR OFO MERIT CASES) (INTERNAL CIRCULATION ONLY) INITIAL DATE TO: CARLTON M. HADDEN, Director, Office of Federal Operations TO: HILDA RODRIGUEZ, Director, Appellate Review Programs APPEAL NUMBER 01992377 AGENCY NUMBER 1G-754-0133-98 REQUEST NUMBER HEARING NUMBER 310-99-5761X THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL: TITLE NAMES INITIAL DATE REVIEWED (ATTORNEY): Oscar M. Holloway 03/28/02 (SUPERVISOR): Lawrence Green (DIVISION DIRECTOR): Marie Fitzgerald COMPLAINANT(S): Sheila D. Strange-Gonzalez AGENCY: United States Postal Service DECISION: AFFIRMED STATUTE(S) ALLEGED:Title VIIBASIS(ES) ALLEGED:GFISSUE(S) ALLEGED:D2WHERE DISCRIMINATION IS FOUND (ONLY):(A) BASIS(ES) FOR FINDING:(B) ISSUES IN FINDING: TYPIST/DATE/DISKETTE oh0 / 03/28/02 SPELL CHECK YES TEAM PROOFED DATE (CHECK ALL APPLICABLE CODES) MERIT DECISION MERIT DECISION (CONTINUED) ? 4A - MERITS DECISION ? 4B - OFO FOUND DISCRIMINATION LIST BASIS CODES:__________________________________ LIST ISSUE CODES:__________________________________ ? 4C - OFO FOUND NO DISCRIMINATION/MADE NO DETERMINATION RE: DISCRIMINATION ? 4R - OFO FOUND SETTLEMENT BREACH ? 4S - OFO FOUND NO SETTLEMENT BREACH ? 4E - AGENCY FOUND DISCR./BREACH ? 4F - AGENCY FOUND NO DISCR./BREACH ? 4H - OFO AFFIRMED AGENCY ? 4I - OFO REVERSED AGENCY ? 4J - OFO MODIFIED AGENCY: (NOTE): IF AFFIRMED IN PART AND REVERSED IN PART, THEN (3L) CODE REQUIRED IF AT LEAST ONE ISSUE IS REMANDED. ? 3L - OFO VACATED/REMANDED ? 3P - ADVERSE INFERENCE ? 4K - AJ FOUND DISCRIMINATION ? 4L - AJ FOUND NO DISCRIMINATION ? 4M - AJ MADE NO FINDING ? 4N - OFO AFFIRMED AJ ? 4O - OFO REVERSED AJ ? 4P - OFO MODIFIED AJ ? 4T - AJ ISSUED SUMMARY JUDGMENT DECISION ? 4U - OFO AFFIRMED AJ SUMMARY JUDGMENT ? 4V - OFO REVERSED AJ SUMMARY JUDGMENT ? 3H - OFO DENIED ATTORNEYS FEES ? 3I - OFO APPROVED ATTORNEYS FEES ? 3J - OFO MODIFIED ATTORNEYS FEES ? 3T - DECISION ON COMP. DAMAGES - DENIED ? 3U - DECISION ON COMP. DAMAGES - APPROVED ? 3V - DECISION ON COMP. DAMAGES - MODIFIED ? 4Q - COMPLIANCE REQUIRED REVISED - (3/26/01) Appellate Review Program Companion Case Checklist COMPLAINANT AGENCY Appeal/Request/Petition No. Sheila D. Strange-Gonzalez United States Postal Service 01992377 OPEN CASES (#) ORADS STATUS RELATED (YES/NO) ACTIONS TAKEN CLOSED CASES (#) ORADS STATUS RELATED (YES/NO) ACTIONS TAKEN 03/28/02 ______________________ _______________ ATTORNEY DATE1Complainant filed this appeal prematurely on January 27, 1999, before the issuance of the decision of the Administrative Judge and the agency's final order. After the Administrative Judge issued her decision, and the agency issued its order, complainant filed a subsequent appeal. That appeal was docketed as EEOC Appeal No. 01A13977. The subsequent appeal was administratively closed because it was a duplicate of the instant appeal.