05A00312
02-28-2002
Jessie B. Hayes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Jessie B. Hayes v. United States Postal Service
05A00312
February 28, 2002
.
Jessie B. Hayes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A00312
Appeal No. 01945445
Agency No. 2H-1174-92 / 2H-1353-92
Hearing No. 110-94-8063X
DENIAL OF REQUEST FOR RECONSIDERATION
Jessie B. Hayes (complainant) timely initiated a request<1> to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Jessie B. Hayes v. United States Postal Service, EEOC
Appeal No. 01945445 (October 19, 1995). 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 her complaint, complainant alleged that she was discriminated against
on the bases of race (Black) and reprisal (prior EEO activity) when in
November and December 1992:
she was allegedly denied a break;
she was placed on administrative leave; and
she was ordered to undergo a fitness-for-duty examination.
In the previous decision, the Commission affirmed the agency's final
decision which concluded that the agency articulated legitimate,
nondiscriminatory reasons for the actions in question which complainant
has not shown to be pretextual. Specifically, we noted that the evidence
of record indicated that complainant was not, in fact, denied a break,
and that the agency had a legitimate reason for placing complainant
on administrative leave. In particular, complainant told one of her
co-worker that she was going to �slam dunk� her.
In her request for reconsideration, complainant failed to raise
any argument or evidence not previously considered in rendering the
appellate decision. Therefore she 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.
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. 01945445 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
February 28, 2002
__________________
Date
1Complainant filed her request on April 21, 1997. The record reveals
that complainant did not receive our previous decision in a timely manner,
therefore we exercise our discretion and consider her request timely.