05a10182
04-30-2001
Paul Wright v. United States Postal Service 05A10182 04-30-01 .Paul Wright, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Paul Wright v. United States Postal Service
05A10182
04-30-01
.Paul Wright,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10182
Appeal No. 01992193
DENIAL OF REQUEST FOR RECONSIDERATION
On December 21, 2000, Paul Wright (hereinafter referred to as complainant)
initiated an appeal to the Equal Employment Opportunity Commission
(Commission) to reconsider the decision in Paul Wright v. William
J. Henderson, Postmaster General, United States Postal Service, EEOC
Appeal No. 01992193 (November 21, 2000). EEOC Regulations provide that
the Commission may, in its discretion, reconsider any previous decision
where the party demonstrates that: (1) the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2)
the decision will have a substantial impact on the policies, practices,
or operation of the agency. 29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria in 29 C.F.R. � 1614.405(b).
Therefore, it is the decision of the Commission to deny complainant's
request.<1> The decision in EEOC Appeal No. 01992193 (November 21, 2000)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on this Request
for Reconsideration.
STATEMENT OF RIGHTS ON 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
____04-30-01______________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify
that the decision was mailed to claimant, claimant's representative
(if applicable), and the agency on:
_________________________
Date
_________________________
1To the extent that complainant is attempting to raise, for the first
time, allegations concerning a March 1999 promotion, or being placed
in leave without pay status in March 1998, he must first pursue those
matters with an EEO Counselor. If complainant contacts an EEO Counselor
within 15 days of receiving this decision, then he shall be deemed to have
initiated contact on the date he filed his request for reconsideration
with the agency, unless he contacted a Counselor at an earlier date.
Cf. Qatsha v. Department of the Navy, EEOC Request No. 05970201 (January
16, 1998). The decision herein makes no findings regarding the timeliness
of the allegations.