0520070337
04-03-2007
Theresa L. Mullins, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters), Agency.
Reference #: 0520070337
C.B. Weiser
P.O.B.427
Marshall, TX 75671
Reference #: 0520070337
Theresa L. Mullins
P.O.B.2400
Riverview, FL 33568
Reference #: 0520070337
Patricia M. Richter, Manager, National EEO Compliance & Appeals Programs
United States Postal Service
475 L'Enfant Plaza, SW #9431
Washington, DC 20260-4245
Theresa L. Mullins,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters),
Agency.
Request No. 0520070337
Appeal No. 0120054448
Hearing No. 250-2003-08275X
Agency No. HO-000-0009-02
DENIAL
Complainant timely requested reconsideration of the decision in Theresa
L. Mullins v. United States Postal Service, EEOC Appeal No. 0120054448
(January 23, 2007). 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). However, 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
(rev. Nov. 9, 1999), at 9-17.
In her request, complainant emphasizes that she was never found
to have been in the wrong for any of the actions for which she was
supposedly removed. Complainant also now provides explanations (which,
on appeal, the Commission noted had not been provided) for some of
the accusations made of her, which supposedly led to her removal.
Complainant additionally reiterates her version of the facts, and
contends that the reason she was removed from her position was that she
refused to drink, socialize, and "be one of [her supervisor's] girls."
Complainant requests that we reconsider our appellate decision.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question,1 and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, 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. 0120054448 remains the
Commission's final 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 (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:
April
3,
2007
______________________________
__________________
Carlton M. Hadden, Director
Date
Office of Federal Operations
1 As we do not have the benefit of an AJ's findings after a hearing,
as complainant chose a FAD instead, we can only evaluate the facts based
on the weight of the evidence presented to us.
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2
0520070337
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036