05981026
12-07-2000
Edward J. Simpkins, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Mid-Atlantic Area), Agency.
Edward J. Simpkins v. United States Postal Service (Mid-Atlantic Area)
05981026
December 7, 2000
.
Edward J. Simpkins,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Mid-Atlantic Area),
Agency.
Request No. 05981026
Appeal No. 01964806
Agency Nos. 1-D-2011033-94; -2011105-94; -2011123-94;-2011063-94
Hearing Nos. 100-95-7324X; -7374X; -7106X; -7747X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Edward
J. Simpkins v. United States Postal Service (Mid-Atlantic Area), EEOC
Appeal No. 01964806 (July 24, 1998).<1> 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).
The issues in the original underlying complaints filed by complainant
were as follows:
(1) whether complainant was discriminated against on the basis of reprisal
(prior EEO activity), when on October, 19, 1993, he was instructed and
harassed to follow instructions that are not policy relative to clocking
in and out for lunch;
(2) whether complainant was discriminated against on the bases of race
(Black), sex (male), disability (back injury), and reprisal (prior EEO
activity) when on December 10, 1993, he discovered that his request for
family leave was mishandled;
(3) whether complainant was discriminated against on the bases of race
(Black), sex (male), disability (back injury), and reprisal (prior
EEO activity) when on January 5, 1994, he was issued two disciplinary
letters of warning, one for failure to meet attendance requirements and
one for failure to follow instructions; and
(4) whether complainant was discriminated against on the bases of race
(Black), color (medium), sex (male), and reprisal (prior EEO activity)
when on November 9 and 23, 1994, he was denied a request for a change
of schedule.
Assuming arguendo that complainant established a prima facie case
of discrimination, and after a review of the 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. 01964806
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
December 7, 2000
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.