Angela M. Nadolski, ) Complainant, ) ) Appeal No. 01994874 ) Agency No. 4C-280-1144-96 ) Hearing No. 140-97-8254X William J. Henderson, ) Postmaster General, ) United States Postal Service, ) Agency. ) ) DECISION INTRODUCTION On May 26, 1999, Angela M. Nadolski (the complainant) timely filed an appeal with the Equal Employment Opportunity Commission (the Commission) from a final agency decision (FAD) dated April 28, 1999, 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.<1> The Commission hereby accepts the appeal in accordance with 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified at 29 C.F.R. § 1614.405). ISSUE PRESENTED The issue on appeal is whether the Notice proposed for posting by the agency was in conformance with what was ordered by the Administrative Judge. BACKGROUND Complainant was employed at the time at issue by the agency as a Distribution Clerk, Transitional (TE), PS-05, at the agency's Jacksonville, North Carolina Post Office. She also was assigned to the Jacksonville Post Office substation at Camp Lejeune, North Carolina. Complainant initiated EEO Counseling on June 11, 1996. She filed a formal complaint on October 10, 1996, claiming discrimination on the bases of sex (female) and physical disability (pregnancy) in that: 1) from May 1995 through May 4, 1996, she was denied training and work hours; and 2) on May 4, 1996, she was terminated. The agency accepted issue 2 and partially accepted issue 1 of the complaint, limiting it to the 45-day time period preceding her EEO Counselor contact, for investigation and processing.<2> At the conclusion of the investigation, complainant was provided a copy of the investigative report and requested a hearing before an EEOC Administrative Judge (AJ). Following a hearing on December 3, 1998, the AJ issued a decision finding discrimination on the basis of sex on issue 1, as it pertained to the denial of work hours, but finding no discrimination on issue 1, as it pertained to the denial of training, and on issue 2. As a remedy, the AJ ordered: that the agency award complainant back pay for the period of November 26, 1995 through May 4, 1996, at complainant's rate of pay at the time, for the difference in hours she earned and the hours a comparative employee earned, less two hours and fifteen minutes per week; that the complainant be paid $2,000.00 in compensatory damages; that the agency post an appropriate Notice; and that the agency award reasonable attorney's fees. The AJ specified that the Notice should include the following information: that a claim of unlawful discrimination was made by a former transitional employee alleging discrimination based on gender; that in an adjudication of the complaint, that employee had been found to have been the victim of discrimination; that the employee had been made whole; that the agency commits to corrective and curative action with respect to its duty and obligation under Federal EEO law; and that the agency will not retaliate against any employee who has filed a complaint or participated in EEO proceedings, or who opposed practices made unlawful by Title VII. The Notice was to be posted for 90 days. The agency's final decision adopted the AJ's recommended decision and remedy. It stated that it would implement the relief ordered by the AJ and attached a copy of the Notice it proposed for posting. That Notice did not include all of the specific information the AJ ordered, but was more in the order of a generic posting Notice regarding a finding of discrimination. This appeal followed. Complainant argued that the Notice as proposed by the agency was insufficient to comply with what the AJ had ordered to be posted. Complainant supplied a copy of a Notice she proposed for posting purposes and requested that the Commission order the agency to post that version. FINDING The only issue before the Commission is the content of the Notice to be posted. In order to resolve the issue, we order the agency to post a copy of the attached Notice. CONCLUSION The Commission MODIFIES the agency's final agency decision and remands the matter to the agency to post the attached Notice in accordance with this decision and the ORDER below. POSTING ORDER The agency is ORDERED to post at its Jacksonville, North Carolina facilities (Main Post Office and Camp Lejeune substation) 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 ninety (90) 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 (K1199) 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 64 Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter referred to as 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)(Supp. V 1993). If the complainant files a civil action, the administrative processing of the complaint, including any petition for enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. § 1614.409). STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0300) 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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter referred to as 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 (R1199) 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: __06-01-00_______ __________________________________ Date Carlton M. Hadden, Acting Director Office of Federal Operations CERTIFICATE OF MAILING For timeliness purposes, the Commission will presume that this decision was received within five (5) calendar days of mailing. I certify that the decision was mailed to complainant, complainant's representative (if applicable), and the agency on: _______________ __________________________ Date POSTED BY ORDER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION An Agency of the United States Government This 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, 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 the person's RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or PHYSICAL or MENTAL DISABILITY with respect to hiring, firing, promotion, compensation, or other terms, conditions or privileges of employment. The United States Postal Service, Jacksonville, North Carolina Post Office confirms its commitment to comply with these statutory provisions. The United States Postal Service, Jacksonville, North Carolina Post Office supports and will comply with such Federal law and will not take action against individuals because they have exercised their rights under law. The United States Postal Service, Jacksonville, North Carolina Post Office has been found to have discriminated on the basis of sex when a former transitional employee was denied work hours. The United States Postal Service, Jacksonville, North Carolina Post Office has been ordered to take corrective action in the form of payment of back pay, compensatory damages, and attorney's fees. The United States Postal Service, Jacksonville, North Carolina Post Office will ensure that officials responsible for personnel decisions and the terms and conditions of employment will abide by the requirements of all Federal equal employment opportunity laws and will not retaliate against employees who file EEO complaints. The United States Postal Service, Jacksonville, North Carolina Post Office 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 16141 On November 9, 1999, revised regulations governing the EEOC's federal sector complaint process went into effect. These regulations apply to all federal sector EEO complaints pending at any stage in the administrative process. Consequently, the Commission will apply the revised regulations found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the present appeal. The regulations, as amended, may also be found at the Commission's website at www.eeoc.gov. 2 The complainant's attorney filed an objection with the agency regarding the partial dismissal of the time period from May 1995 through April 27, 1996, but failed to appeal the partial dismissal to the Commission. The AJ considered the entire period as claimed by the complainant.