05a50684
04-14-2005
Dennett Sails, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Dennett Sails v. United States Postal Service
05A50684
April 14, 2005
.
Dennett Sails,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50684
Appeal No. 01A51229
Agency No. 1H-336-0134-03
DENIAL
Dennett Sails (complainant) timely requested reconsideration of the
decision in Dennett Sails v. United States Postal Service, EEOC Appeal
No. 01A51229 (February 25, 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). We remind complainant that a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
In her request, complainant states that she recently obtained a
document that showed that the agency regarded her as an individual with
a disability and that the agency is capable of finding work for her.
The appellate decision found that the agency articulated a legitimate,
nondiscriminatory reason for not considering her for a casual employee
position in August of 2003. Specifically, the agency stated that
the agency was not hiring any casual employees at that time. Later,
complainant was considered for a casual position pending a medical
clearance, but never contacted Personnel Services to obtain a medical
clearance. The decision found that complainant failed to submit
any evidence to show that the agency's legitimate, nondiscriminatory
explanation was a pretext for discrimination and concluded that there
was no discrimination.
The documentation complainant submitted along with her request is an
email dated August 8, 2002, requesting that complainant be given a
medical assessment, and �if she can breathe� she should be given a
limited duty casual clerk appointment. The email does not state the
title of the author nor does complainant explain in her appeal who wrote
the email and the title of the person to whom it was sent. Therefore,
she has not shown that the previous decision involved a clearly erroneous
interpretation of material fact or law.
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. 01A51229 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 (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:
April 14, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations