Rosemary E. Dockter, Complainant,v.John E. Potter, Postmaster General, United States Postal Service (Capital Metro Area), Agency.

Equal Employment Opportunity CommissionMar 11, 2010
0520100045 (E.E.O.C. Mar. 11, 2010)

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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