05A30429_r
03-05-2003
Barry E. Wood, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Barry E. Wood v. United States Postal Service
05A30429
March 5, 2003
.
Barry E. Wood,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30429
Appeal No. 01A24757
Agency No. 4B-060-0041-00
Hearing No. 160-A1-8387X
DENIAL OF REQUEST FOR RECONSIDERATION
Barry E. Wood (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Barry E. Wood v. United States Postal Service, EEOC Appeal
No. 01A24757 (December 30, 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).
On request for reconsideration, complainant argues that the Commission
failed to analyze his nonselection in light of the agency's use of
�quotas� to hire women for upper management. Complainant's evidence of
quotas mainly consists of reports the agency is required to provide to
the Commission and Congress regarding the demographics of its workforce.
He also provided a Government Accounting Office report somewhat critical
of the agency's conclusion that a �glass ceiling� still exists for women.
The existence of these documents outlining the agency's demographics,
supporting increased diversity, and debating whether a glass ceiling
exists, do not amount to a quota system. Complainant has not presented
sufficient evidence to justify reconsideration of his appeal.
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 No. 01A24757 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
March 5, 2003
__________________
Date