0520140396
01-15-2015
Complainant v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Complainant
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 0520140396
Appeal No. 0120141207
Hearing No. 560-2013-00039X
Agency No. 1J-635-0002-12
DENIAL
Complainant requested reconsideration of the decision in EEOC Appeal No. 0120141207 (May 7, 2014). EEOC regulations provide that the Commission may, in its discretion, grant a request to 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(c). For the following reasons, Complainant's request is DENIED.
This matter initially came before the Commission when Complainant appealed the Agency's adoption of a decision by an EEOC Administrative Judge which found that Complainant failed to prove discrimination as alleged. After a thorough review of Complainant's appellate filing, the Commission dismissed Complainant's appeal as untimely.
In his request for reconsideration, Complainant argues that (1) his appeal was timely, (2) because he was cut off from employment on December 28, 2013, he was unable to pay for the proof which would have shown that his filing was indeed timely, and (3) postal deliveries were slow due to inclement weather, which explains why the Commission received his appeal in a seemingly late time manner.
In so doing, Complainant offers only verbal assertions, which without more, do not suffice to show that our appellate decision involved a clearly erroneous interpretation of material fact or law, or would otherwise have a substantial impact on the policies, practices, or operations of the Agency. In fact, his arguments on reconsideration seem to support our appellate finding, that is, his appeal was indeed filed untimely.
After reviewing 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(c), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120141207 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 15, 2015
Date
2
0520140396
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140396