05a50398
02-09-2005
Richard Lethridge III, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Richard Lethridge III v. United States Postal Service
05A50398, 05A50399
February 9, 2005
.
Richard Lethridge III,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request Nos. 05A50398, 05A50399
Appeal Nos. 01A43202, 07A40076
Agency Nos. 1-F-946-0007-00, 1-F-946-0075-01, 1-F-946-0059-02
Hearing Nos. 370-A0-2349X, 370-A2420X
DENIAL
Richard Lethridge (complainant) timely requested reconsideration of
the decision in Richard Lethridge v. United States Postal Service, EEOC
Appeal Nos. 01A43202 and 07A40076 (November 29, 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).
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 Nos. 01A43202 and 07A40076
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
ORDER
The agency is ORDERED to take the following action:
1. Within thirty (30) calendar days of the date this decision becomes
final, the agency is ordered to advise complainant, in writing, regarding
the procedural disposition of complaints 1 and 2, and advise him that he
must bring the discrimination claims raised in complaints 1 and 2 to the
attention of the MSPB, pursuant to 5 C.F.R. � 1201.155, as provided in
29 C.F.R. � 1614.302(c)(2)(i). The agency shall advise complainant of
the right to petition the EEOC to review the MSPB's final decision on
the discrimination issue, and that dismissal of a mixed case complaint
is not appealable to the Commission except where it is alleged that the
complaint is actually a non-mixed case matter.
Copies of all pertinent documentation confirming compliance with this
Order must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q0900)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed and that portion
of the complaint which has been remanded for continued administrative
processing In the alternative, you may file a civil action after
one hundred and eighty (180) calendar days of the date you filed your
complaint with the agency, or filed your appeal with the Commission.
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. Filing a civil
action will terminate the administrative processing of your complaint.
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 9, 2005
__________________
Date