05A10485
07-11-2001
Donna L. Gordon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area) Agency.
Donna L. Gordon v. United States Postal Service
05A10485
July 11, 2001
.
Donna L. Gordon,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area)
Agency.
Request No. 05A10485
Appeal No. 01A02500
Agency No. 4-G-770-0537-98
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Donna
L. Gordon v. United States Postal Service, EEOC Appeal No. 01A02500
(February 21, 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 Commission affirmed the agency's dismissal of the referenced
complaint, for untimely EEO contact. Specifically, the record reveals
that complainant did not contact an EEO Counselor until April 16,
1998, long past the end of the 45-day period. The record reveals
that posters explaining the EEO process were posted throughout the
building. Complainant in her request for reconsideration alleged that
these posters were never pointed out to her, and furthermore, that the
time allotted from the time a person gets to work, especially during
the probationary period, is insufficient to stop and read a single
form, let alone an entire EEO poster. Also, complainant requests
reconsideration based on the fact that her EEO Counselor contact was
only 4 days late. The record reveals that complainant failed to show
that the appellate decision involved a clearly erroneous interpretation
of law or would have a substantial impact on the policies, practices,
or operations of the agency. Complainant recognized that her contact
was untimely and she failed to present sufficient argument or evidence
to support her request for reconsideration.
After a review of the 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. 01A02500 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
July 11, 2001
__________________
Date