05A20282_05A20283
04-05-2002
Andrezj J. Rafalski, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro Area), Request Nos. 05A20282; 05A20283 Appeal Nos. 01A00985; 01A10115 Agency Nos. 1K-221-0102-97; 1K-221-0121-97; 1K-221-0181-97; 1K-221-0042-98; 1K-221-0062-98; 1K-221-0074-98;1K-221-0100-98; 1K-221-0001-99; 1K-221-0031-99 Hearing Nos. 100-98-7749X; 100-98-7750X; 100-98-7759X; 100-99-7311X
Andrezj J. Rafalski v. United States Postal Service
05A20282; 05A20283
April 5, 2002
.
Andrezj J. Rafalski,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital-Metro Area),
Request Nos. 05A20282; 05A20283
Appeal Nos. 01A00985; 01A10115
Agency Nos. 1K-221-0102-97; 1K-221-0121-97; 1K-221-0181-97;
1K-221-0042-98;
1K-221-0062-98; 1K-221-0074-98;1K-221-0100-98; 1K-221-0001-99;
1K-221-0031-99
Hearing Nos. 100-98-7749X; 100-98-7750X; 100-98-7759X; 100-99-7311X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Andrezj J. Rafalski v. United
States Postal Service, EEOC Appeal Nos. 01A00985; 01A10115 (November
27, 2001). 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 his formal complaint, complainant alleged that the agency violated
Title VII of the Civil Rights Act of 1964 (Title VII), as amended,
42 U.S.C. � 2000e et seq., and Section 501 of the Rehabilitation Act
of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.<1>
The specifics of complainant's claims are set forth in detail in the
appellate decision. The appellate decision affirmed an Administrative
Judge's finding of no discrimination. In his request for reconsideration,
complainant has not presented any evidence or argument that was not
previously considered by the Commission when we affirmed the agency's
final decision.
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. The decision in EEOC
Appeal Nos. 01A00985; 01A10115 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
April 5, 2002
__________________
Date
1 The Rehabilitation Act was amended in 1992 to apply the standards in
the Americans with Disabilities Act (ADA) to complaints of discrimination
by federal employees or applicants for employment.