Allison N. Jackson, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJan 24, 2001
05a01206 (E.E.O.C. Jan. 24, 2001)

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).