05980548
05-01-2001
Christopher Stempel, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Allegheny Area), Agency.
Christopher Stempel v. United States Postal Service
05980548
May 1, 2001
.
Christopher Stempel,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Allegheny Area),
Agency.
Request No. 05980548
Appeal No. 01960377
Agency No. 4C450244293
DENIAL OF REQUEST FOR RECONSIDERATION
Christopher Stempel (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Christopher Stempel v. United States Postal Service, EEOC
Appeal No. 01960377 (February 26, 1998). 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).
In his complaint, complainant alleged that he was subjected
to discrimination on the bases of his sex (male) and disability
(work-related back injury) when, in August 1993, he was reassigned to
the Corryville, Ohio Station instead of the Mt. Healthy, Ohio Station.
The previous decision determined that complainant failed to establish
that the agency's articulated legitimate reason for this action was a
pretext for sex or disability discrimination.<1>
In his request for reconsideration, complainant essentially reiterates
arguments which were previously considered by the Commission when
we affirmed the agency's final decision. Although complainant also
submits evidence to establish that, contrary to a statement made in
the previous decision, he was working at Mt. Healthy when he originally
injured his back, this fact is not material to the question of whether
complainant was subjected to discrimination when he was reassigned to
Corryville. Accordingly, 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. 01960377
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 1, 2001
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1 Complainant did not allege that the agency failed to provide him with
a reasonable accommodation by assigning him to Corryville instead of
Mt. Healthy.