05A20271
03-28-2002
Charles E. Day, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Charles E. Day, Jr. v. United States Postal Service (Southeast Area)
05A20271
March 28, 2002
.
Charles E. Day, Jr.,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A20271
Appeal No. 01996219
Agency No. 4-H-320-0169-97
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Charles
E. Day, Jr. v. United States Postal Service (Southeast Area), EEOC Appeal
No. 01996219 (September 14, 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).
Complainant alleged he was discriminated against on the bases of sex
(male), age (D.O.B. August 1, 1953), religion (Seventh Day Adventist),
and in reprisal for prior protected EEO activity, in violation of Title
VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �
2000e et seq., and the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. � 621 et seq., when on April 14, 1997, he
was not converted to the career position of part-time flexible carrier.
The final agency decision (FAD) found no discrimination. The Commission
affirmed the FAD, concurring in the finding that while complainant
established a prima facie case on all alleged bases, he failed to show
that the agency's proffered reasons for its actions were mere pretext
to mask discriminatory animus.
In his request for reconsideration, complainant reiterates arguments
made on appeal and contends that the Commission's decision to affirm the
FAD was made in error. We find, however, that complainant adduced no
persuasive evidence to show that his non-conversion to a career position
was a result of discriminatory or retaliatory animus. Therefore,
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. 01996219 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
March 28, 2002
__________________
Date