0520080045
01-08-2009
David Shu, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
David Shu,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080045
Appeal No. 0120071996
Agency No. 6X000000404
DENIAL
Complainant timely requested reconsideration of the decision in David Shu
v. United States Postal Service, EEOC Appeal No. 0120071996 (September
10, 2007). 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).
The previous decision affirmed the agency's final decision, which found
that complainant failed to establish that he was discriminated against on
the bases of his national origin, sex, age, or in retaliation for prior
EEO activity when the agency failed to select complainant for various
job vacancies, and other incidences.
In his request to reconsider, complainant challenges the previous
decision's finding that the record was sufficiently complete to render a
decision on the merits because the record did not contain any relevant
and material documents to directly compare complainant's scores
and evaluations with the candidates selected for various positions.
In addition, complainant contends that the agency's articulated reason
for not selecting complainant for the Fall 2004 MIP, based in part on his
"stale" graduate degree credentials, was not supported by any evidence
because his resume showed that he continued training and education after
receiving his graduate degrees.
Complainant also argues that, with respect to claim 17, the previous
decision erroneously relied on statements made by an agency official,
who was not the selecting official, in articulating a legitimate,
non-discriminatory reason for the agency's actions, and that the
selecting official expressly repudiated the articulated reason to the
EEO investigator.
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. 0120071996 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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 8, 2009__________________
Date
2
0520080045
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013