05a01206
01-24-2001
Allison N. Jackson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Allison N. Jackson v. United States Postal Service
05A01206
January 24, 2001
.
Allison N. Jackson,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A01206
Appeal No. 01A03136
Agency No. 4-J-493-0049-00
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Allison
N. Jackson v. United States Postal Service, EEOC Appeal No. 01A03136
(August 2, 2000).<1> 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).
After a review of the complainant's request for reconsideration,<2>
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. The decision
in EEOC Appeal No. 01A03136 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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
January 24, 2001
__________________
Date
1 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 29 C.F.R. Part 1614 in deciding the present
appeal. The regulations, as amended, may be found at the Commission's
website at www.eeoc.gov.
2 We note that in her request for reconsideration and numerous subsequent
documents, the complainant argues that the agency made subsequent acts of
reprisal against her. These matters were not the subject of the instant
complaint. The complainant is advised that if she wishes to pursue,
through the EEO process, the additional reprisal claims she raised for
the first time in her request, she shall initiate contact with an EEO
Counselor within 15 days after she receives this decision. The Commission
advises the agency that if the complainant seeks EEO counseling regarding
the new claims within the above 15-day period, the date the complainant
filed the request for reconsideration statement in which she raised these
claims with the agency shall be deemed to be the date of the initial
EEO contact, unless she previously contacted a counselor regarding
these matters, in which case the earlier date would serve as the EEO
Counselor contact date. Alexander J. Qatsha v. Department of the Navy,
EEOC Request No. 05970201 (January 16, 1998).