0520100045
03-11-2010
Rosemary E. Dockter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Capital Metro Area), Agency.
Rosemary E. Dockter,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Capital Metro Area),
Agency.
Request No. 0520100045
Appeal No. 0120081901
Agency No. 4K-210-0088-07
DENIAL
Complainant timely requested reconsideration of the decision in Rosemary
E. Dockter v. U.S. Postal Service, EEOC Appeal No. 0120081901 (September
25, 2009). 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 the underlying complaint, complainant alleged that the agency failed
to provide her a reasonable accommodation. In Dockter v. U.S. Postal
Service, EEOC Appeal No. 0120081901 (September 25, 2009), the Commission
found that the record did not support complainant's contentions that she
requested an interpreter in a timely manner, as she alleged. As such,
the Commission found that the agency did not violate the law when an
interpreter was not provided for her at her Rural Carrier Associate
examination.
In her request for reconsideration, complainant argues that she requested
an interpreter in a timely manner; the application was not clear as to
how to request an accommodation; the Baltimore, Maryland Post Office
was not helpful; the Fredrick, Maryland Post Office was not willing to
help; and she requests counsel to assist her in her case. 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 (EEO MD-110), 9-17 (November 9, 1999). Accordingly, we
find that complainant's request failed to demonstrate 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.1
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. 0120081901 remains the
Commission's 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 (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
March 11, 2010
Date
1 With regard to complainant's request for counsel, we note that the
information is included in the underlying decision and this decision
to inform complainant that, if she chooses to go to federal court,
the court may provide her with an attorney. The Commission does not
provide legal assistance.
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0520100045
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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