Donna D. Griffin, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.

Equal Employment Opportunity CommissionOct 22, 2010
0520100547 (E.E.O.C. Oct. 22, 2010)

0520100547

10-22-2010

Donna D. Griffin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.


Donna D. Griffin,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Southeast Area),

Agency.

Request No. 0520100547

Appeal No. 0120101358

Agency No. 4H-330-0263-08

DENIAL

Complainant timely requested reconsideration of the decision in Donna D. Griffin v. U.S. Postal Service, EEOC Appeal No. 0120101358 (July 20, 2010). 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).

In our prior decision, the Commission affirmed the Agency's finding of no discrimination. The Commission determined that the responsible Agency officials articulated legitimate, nondiscriminatory reasons for issuing to Complainant a Letter of Warning (LOW) and a Letter of Demand (LOD). Subsequently, the Commission agreed with the Agency's finding that Complainant was unable to provide any evidence, aside from her own assertions, that the responding Agency officials' articulated reasons were pretext for unlawful discriminatory animus.

In her request, Complainant continues her argument that the Agency's actions were the result of unlawful discrimination. Complainant maintains her argument that her requests for sick leave should have been approved. Further, Complainant asserts that the LOD was improperly issued. In doing so, Complainant quotes a blog post discussing the reduced amount of advance notice that is required when available paid leave may be used in place of FMLA leave. Finally, Complainant disputes the Agency's explanation concerning other employees Complainant believes were treated more favorably.

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. We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive 110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9. The decision in EEOC Appeal No. 0120101358 remains the Commission's 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 (P0610)

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 (Z0610)

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

October 22, 2010

__________________

Date

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0520100547

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0520100547