05a51256
11-04-2005
Carmen McClinton El, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Carmen McClinton El v. United States Postal Service
05A51256
November 4, 2005
.
Carmen McClinton El,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A51256
Appeal No. 01A53142
Agency No. 4J-606-0176-01
Hearing No. 210-2003-06396X
DENIAL
Carmen McClinton El (complainant) timely requested reconsideration of the
decision in Carmen McClinton El v. United States Postal Service, EEOC
Appeal No. 01A53142 (August 11, 2005). 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. 01A53142 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.<1>
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
November 4, 2005
__________________
Date
1In his request, complainant seeks to
consolidate the matters addressed herein with another complaint that is
pending with the Commission. The Commission declines to consolidate that
complaint with the instant request for reconsideration. That complaint
will be addressed in Appeal No. 01A60334 which is currently pending with
the Commission.