05980526
10-01-1998
Barbara Janak, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Barbara Janak v. United States Postal Service
05980526
October 1, 1998
Barbara Janak, )
Appellant, )
) Request Nos. 05980526
) 05980578
v. ) Appeal Nos. 01973437
) 01974083
) Agency Nos. 4G-700-0085-97,
William J. Henderson, ) 4G-700-0152-97
Postmaster General, )
United States Postal Service, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 19 and 27, 1998, Barbara Janak (appellant) initiated requests
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decisions in Janak v. USPS, EEOC Appeal Nos. 01973437 (November 20,
1997) and 01974083 (December 16, 1997).<1> EEOC Regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. �1614.407(a). The party requesting
reconsideration must submit written argument or evidence which tends to
establish one or more of the following three criteria: new and material
evidence is available that was not readily available when the previous
decision was issued, 29 C.F.R. �1614.407(c)(1); the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy, 29 C.F.R. �1614.407(c)(2); and
the previous decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3). Appellant's requests
are denied.
After a review of appellant's requests for reconsideration, the previous
decisions, and the entire records, the Commission finds appellant's
requests do not meet the criteria of 29 C.F.R. �1614.407(c), and
it is the decision of the Commission to deny appellant's requests.
The decisions of the Commission in Appeal Nos. 01973437 and 01974083
remain the Commission's final decisions. There is no further right
of administrative appeal from the decisions of the Commission on these
requests for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Oct. 1, 1998
____________ ___________________________
Date Frances M. Hart
Executive Officer
1The Commission notes that as with other of appellant's appeals that
were decided in December 1997, no green card receipt was returned for
01974083. See Janak v. USPS, Request No. 05980661 et al., being issued
contemporaneously. However, it appears that Appeal No. 01973437 was sent
a second time, and the green card, which carries the notation "resent",
indicates appellant received it on February 20, 1998.