05a50103
02-23-2005
Janis L. Parker, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Janis L. Parker v. United States Postal Service
05A50103
February 23, 2005
.
Janis L. Parker,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A50103
Appeal No. 01A43958
Agency No. 1-H-337-0028-01
Hearing No. 150-2002-08325X
DENIAL
Janis L. Parker (complainant) timely requested reconsideration of the
decision in Janis L. Parker v. United States Postal Service, EEOC Appeal
No. 01A43958 (September 14, 2004). 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).
In her underlying complaint, complainant alleged that the agency
discriminated against her, in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et
seq., and the Age Discrimination in Employment Act of 1967 (ADEA),
as amended, 29 U.S.C. � 621 et seq., on the bases of sex (female),
age (D.O.B: 2/1/1952), and in reprisal for prior EEO activity<1>.
Complainant alleged that she was harassed into retiring so that the
agency could fill her position with a younger male employee. An EEOC
Administrative Judge (AJ) dismissed complainant's complaint for untimely
EEO Counselor contact. The agency fully implemented the AJ's decision,
and on appeal the Commission affirmed the agency's final order.
In support of her request for reconsideration, complainant submits
a brief raising the same arguments raised before the AJ. We remind
complainant that a �request for reconsideration is not a second appeal to
the Commission.� Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614 (rev. Nov. 9, 1999), at 9-17. 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 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. The decision in EEOC Appeal No. 01A43958 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:
February 23, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
1We note that we are unable to ascertain under what statute complainant
engaged in prior protected EEO activity, but the agency does not dispute
that complainant engaged in prior protected activity.