05a51110
08-22-2005
Hisham Khaleel Complainant, v. John E. Potter, Postmaster General, United States Postal Service (New York Metro Area), Agency.
Hishan Kahleel v. United States Postal Service
05A51110
08-22-05
.
Hisham Khaleel
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(New York Metro Area),
Agency.
Request No. 05A51110
Appeal No. 01A52276
Agency No. 4 110 0169 04
DENIAL
Hisham Khaleel (complainant) timely requested reconsideration of
the decision in Hisham Khaleel v. United States Postal Serv., EEOC
Appeal No. 01A52276 (June 23, 2005). 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(b).
The Commission dismissed complainant's appeal in Khaleel v. United
States Postal Serv., EEOC Appeal No. 01A52276 (June 23, 2005), for
failure to contact an EEO Counselor within forty-five days of the
alleged discriminatory incident pursuant to 29 C.F.R. � 1614.107(a)(2).
The Commission found that complainant failed to offer any justification
for his delay in contacting an EEO counselor in a timely manner.
In his request for reconsideration, complainant states, in relevant
part, that during that time period, he had to handle multiple issues
including combating his eviction, and attending orientation at the agency.
After reconsidering 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. Complainant has failed to offer any compelling reasons
to justify not contacting EEO Counselor within 45 days. The decision
in EEOC Appeal No. 01A52268 remains the Commission's final 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 (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
____08-22-05______________
Date