Eddie C. Harris, Jr., Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.

Equal Employment Opportunity CommissionApr 28, 2004
05A40600 (E.E.O.C. Apr. 28, 2004)

05A40600

04-28-2004

Eddie C. Harris, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.


Eddie C. Harris, Jr. v. United States Postal Service

05A40600

April 28, 2004

.

Eddie C. Harris, Jr.,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Southeast Area)

Agency.

Request No. 05A40600

Appeal No. 01A40446

Agency No. 1-H-33-0001-03

DENIAL OF REQUEST FOR RECONSIDERATION

Eddie C. Harris, Jr. (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider the

decision in Eddie C. Harris, Jr. v. United States Postal Service, EEOC

Appeal No. 01A40446 (February 26, 2004). 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 formal complaint, complainant alleged that the agency discriminated

against him on the bases of race, sex, and in reprisal when he

received a Letter of Warning; management threatened him with removal

from the workroom and refused to provide him medical treatment. In our

previous decision, we concluded that the agency articulated a legitimate

nondiscriminatory reason for its action. We also found that complainant

failed to provide any persuasive evidence that the agency's explanations

were pretext for retaliation or unlawful discrimination. In his request

for reconsideration, complainant restates the same arguments previously

made an appeal. This Commission carefully considered all of the record

evidence at the time it rendered the initial decision in question, and

complainant has offered no persuasive reason why this decision should

be reconsidered now.

After a review of 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. 01A40446 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

April 28, 2004

__________________

Date