05A20243
03-25-2002
Chester J. Skayne, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters) Agency.
Chester J. Skayne v. United States Postal Service
05A20243
March 25, 2002
.
Chester J. Skayne,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters)
Agency.
Request No. 05A20243
Appeal No. 01995748
Agency No. HO-0047-97
Hearing Nos. 160-97-8532X; 160-97-8551X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Chester
J. Skayne v. United States Postal Service, EEOC Appeal No. 01995748
(November 8, 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 the underlying decision, complainant alleged he was discriminated
against on the bases of his sex and age (DOB 8/15/42) when he was not
selected for the positions of International Postal Affairs Specialist
and/or Marketing Specialist. An EEOC Administrative Judge (AJ) issued
a finding of no discrimination, concluding that complainant failed
to establish a prima facie case of either sex or age discrimination.
Specifically, as to the International Postal Affairs position, the
AJ found that complainant failed to produce any evidence that he was
qualified. Further, the AJ found that complainant failed to demonstrate
that similarly situated employees not in his protected classes were
treated differently under similar circumstances, as two of the selectees
were male and only one was significantly younger. With respect to the
Marketing Specialist position, the AJ found that complainant also failed
to demonstrate that he was qualified for this position. Our decision
affirmed the AJ's findings.
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. 01995748 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 25, 2002
__________________
Date