0520080347
05-30-2008
Eddie L. Sampson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Eddie L. Sampson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080347
Appeal No. 0120064038
Agency No. 4C440006406
DENIAL
Complainant timely requested reconsideration of the decision in Eddie
L. Sampson v. United States Postal Service, EEOC Appeal No. 0120064038
(February 29, 2008). 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 his underlying complaint, complainant alleged that the agency
discriminated against him, in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq., and Section 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq., on the
bases of his race (African-American), sex, disability (Disabled Veteran),
and in reprisal for prior protected EEO activity when, on December 2,
2005, he was not selected for the position of Auto Parts Storekeeper in
the Vehicle Maintenance Facility. Following an investigation, the agency
issued a final decision finding that complainant failed to show that he
was discriminated against as alleged. On appeal, the Commission affirmed
the agency's final decision. The Commission found that complainant failed
to show that his qualifications for the position at issue were observably
superior to those of the selectee, or that the agency's articulated
reasons for not selecting him were a pretext for unlawful discrimination.
In his request for reconsideration, complainant reiterates his contention
that the agency's articulated reasons for its actions are pretextual and
that he was the best qualified applicant for the Auto Parts Storekeeper
position. We find, however, that the Commission carefully considered all
of the record evidence and arguments at the time it rendered the initial
decision in question, and complainant has offered no persuasive reason
why this request should be granted. Therefore, 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. 0120064038 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 (Z0408)
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
May 30, 2008
__________________
Date
2
0520080347
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520080347