05a01152
01-05-2001
James G. Hayes, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Pacific Area), Agency.
James G. Hayes v. United States Postal Service
05A01152
January 5, 2001
.
James G. Hayes,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05A01152
Appeal No. 01995790
Agency No. 4F-913-0162-97; 4F-913-0030-98
Hearing No. 340-98-3547X; 340-98-3948X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in James
G. Hayes v. United States Postal Service, EEOC Appeal No. 01995790
(March 10, 2000), which affirmed the Administrative Judge's finding
of no discrimination in this case.<1> In his complaint, complainant
alleged that he was discriminated against on the bases of race (White)
and sex (male), when the agency: (1) restricted him from talking to a
co-worker; (2) failed to discipline a co-worker who struck him with a
mail container; (3) issued him two letters of warning; (4) harassed
him by falsely accusing him of breaking a vehicle mirror; and (5)
accused him of attempting to poison a co-worker. Complainant also
alleged that he was discriminated against on the basis of retaliation
for prior EEO activity when his supervisor sexually harassed him by: (6)
rubbing her body against his back; (7) accompanying him to the doctor's
examination room after he suffered an on-the-job injury; (8) conducting
a stand-up talk where she used the phrase �Nobody kisses my butt�;
(9) staring at him constantly for four months; and (10) allowing her
boyfriend to glare at him in an intimidating manner when at the facility.
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous Commission decision where the requesting party
demonstrates that the appellate decision involved a clearly erroneous
interpretation of material fact or law; or 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).
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. We note
that nothing submitted in support of this request establishes that the
prior decision involved a clearly erroneous interpretation of law or
fact, or will have a substantial impact on the policies, practices,
or operations of the agency. The decision in EEOC Appeal No. 01995790
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
January 5, 2001
Date
1 On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.