05A30130
01-27-2003
Darlene Herbin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Darlene Herbin v. United States Postal Service
05A30130
January 27, 2003
.
Darlene Herbin,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A30130
Appeal No. 01A02335
Agency No. 4D-270-0175-98
Hearing No. 140-99-8175X
DENIAL OF REQUEST FOR RECONSIDERATION
Darlene Herbin (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Darlene Herbin v. United States Postal Service, EEOC
Appeal No. 01A02335 (September 11, 2002). Complainant alleged that
she was discriminated against in violation of the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq. and
Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq.<1> Specifically, complainant
alleged that she was discriminated against on the bases of her age (DOB
10/07/1957) and disability (left-handed) when she was issued a Letter of
Separation, effective August 29, 1998, during her probationary period.
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).
Complainant argued that the termination during her probationary period
violated the Employee and Labor Relations Manual, and that her supervisor
did not have the authority to remove her under the agency's regulations.
Even if we assume that the agency violated its own administrative
requirements in firing complainant, there was no evidence before the
Administrative Judge, or the Commission on appeal to suggest that the
alleged violation of these administrative rules occurred because of
complainant's membership in any protected group.
Moreover, 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. 01A02335 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
January 27, 2003
__________________
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.