05990373
07-21-2000
Brenda Dantzler, Complainant, William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Region), Agency.
Brenda Dantzler v. United States Postal Service
05990373
July 21, 2000
Brenda Dantzler, )
Complainant, ) Request No. 05990373
) Appeal No. 01973907
) Agency No. 4C440106496
) Hearing No. 220965237X, 220965238X
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(Allegheny/Mid-Atlantic Region), )
Agency. )
____________________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On February 12, 1999, the agency initiated a request to the Equal
Employment Opportunity Commission (EEOC) to reconsider the decision in
Dantzler v. The United States Postal Service, EEOC Appeal No. 01973907
(December 30, 1998).<1> By regulation, requests for reconsideration must
be filed within thirty (30) calendar days after the party requesting
reconsideration receives our previous decision. 64 Fed. Reg. 37,644,
37,661 (1999) (29 C.F.R. � 1614.604(b)). Requests for reconsideration
are deemed filed on the date received by the Commission, unless postmarked
earlier.
The agency acknowledges receiving our previous decision on January
4, 1999. The agency's request for reconsideration was received by
the Commission via facsimile transmission on February 12, 1999,
beyond the 30 calendar day limitation period. The agency did not
submit any justification for extending the filing period beyond 30
days. Accordingly, the agency's request for reconsideration is untimely
and is DISMISSED. The Commission's decision in EEOC Appeal No. 01983636
remains the Commission's final decision in this matter. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
July 21, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.