05A20888
08-15-2002
______________, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
______________ v. United States Postal Service
05A20888
August 15, 2002
.
______________,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A20888
Appeal No. 01A21442
Agency No. 4-H-335-0334-01
DENIAL OF REQUEST FOR RECONSIDERATION
______________ (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in ______________ v. United States Postal Service, EEOC
Appeal No. 01A21442 (May 24, 2002). EEOC Regulations provide that the
Commission may, in its discretion, 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 contended that he was harassed
and discriminated against on the basis of reprisal (prior EEO activity)
in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, 42 U.S.C. � 2000e et seq., when on July 30, 2001, he was given an
official discussion while other co-workers who had similarly not complied
with the agency's call-in policy had not been given official discussions.
The agency's final agency decision (FAD) dismissed the complaint for
failure to state a claim and our prior appellate decision affirmed this
finding. In his request for reconsideration, complainant contends that
the official discussion took place in a public place and his wife's EEO
complaint for the same incident was accepted for investigation.
After a review of complainant's request for reconsideration, 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. In reaching
this conclusion, the Commission does not find either of complainant's
contentions persuasive. Even if the official discussion was not in
private, the prior decision properly determined that the instant claim
does not indicate that complainant has been subjected to harassment
that was sufficiently severe or pervasive to alter the conditions of
his employment. We note that the EEO complainant filed by complainant's
spouse included numerous and various incidents of alleged harassment
whereas the only act of alleged harassment cited in the instant complaint
was a single official discussion. Accordingly, the decision in EEOC
Appeal No. 01A21442 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
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
August 15, 2002
__________________
Date