05A10388
05-30-2001
Benjamin Godwin, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Northeast Area), Agency.
Benjamin Godwin v. United States Postal Service
05A10388
May 30, 2001
.
Benjamin Godwin,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Request No. 05A10388
Appeal No. 01A10243
Agency No. 4B0600162
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Benjamin
Godwin v. United States Postal Service, EEOC Appeal No. 01A10243
(February 9, 2001). 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).
The agency dismissed the complainant's complaint pursuant to 29 C.F.R. �
1614.105(a)(2), noting that complainant did not initiate contact with
an EEO counselor until July 20, 2000, more than 45 days after the date
of the alleged act of discrimination, i.e., May 6, 1989, the effective
date of complainant's removal. On appeal, complainant alleged that he
did not know until he received a letter dated June 13, 2000, from the
Civil Rights Division of the U.S. Department of Justice, that he could
file a discrimination complaint.
The Commission, in its decision, found that complainant presented no
persuasive arguments or evidence to warrant an extension of time for
initiating EEO contact. The Commission noted that complainant did not
initiate contact with an EEO counselor until more than eleven years
beyond the 45-day limitation period. The Commission also indicated that
complainants must act with due diligence in the pursuit of their claims
and that failure to do so may result in dismissal of the claims under
the doctrine of laches. Accordingly, the agency's final decision,
dismissing complainant's complaint, was affirmed.
On reconsideration, complainant again indicates that he was not informed
that he had a right to file a discrimination complaint until he received
the June 13, 2000, letter from the Civil Rights Division of the Department
of Justice. Complainant also argues that he did know until recently
that he had been terminated unlawfully.
After a review of the complainant's request for reconsideration, 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. 01A10243 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
May 30, 2001
Date