05a50485
09-01-2005
Willie P. Campbell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.
Willie P. Campbell v. United States Postal Service
05A50485
September 1, 2005
.
Willie P. Campbell,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area)
Agency.
Request No. 05A50485
Appeal No. 01A45374
Agency No. 1-H-311-0054-02
DENIAL
On January 27, 2005, Willie P. Campbell (complainant) requested
reconsideration of the decision in Willie P. Campbell v. United States
Postal Service, EEOC Appeal No. 01A45374 (December 22, 2004). Complainant
alleged that she was discriminated against, in violation of Title VII of
the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e
et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation
Act), as amended, 29 U.S.C. � 791 et seq., and the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq., on
the bases of race (African-American), sex (female), religion (Jehovah's
Witness), disability (pulmonary sarcodosis), age (47), and reprisal
(prior EEO activity), when: (1) she was paid out of her annual leave on
June 7, 2003 and August 3, 2003, even though she had requested sick leave;
(2) she was denied a position as a Distribution Clerk on July 26, 2002;
(3) on July 31, 2002, she received an invoice for $32.40; (4) on August
10, 2002, she was sent home after reporting to work as instructed; and
(5) on August 15, 2002, she was denied a copy of a leave slip she had
signed for administrative leave.
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 No. 01A45374 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
September 1, 2005
__________________
Date