05A30536
03-24-2003
Evon Ridley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro area), Agency.
Evon Ridley v. United States Postal Service
05A30536
March 24, 2003
.
Evon Ridley,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital-Metro area),
Agency.
Request No. 05A30536
Appeal No. 01A10805
Agency No. 1D-234-0058-99
DENIAL OF REQUEST FOR RECONSIDERATION
Evon Ridley (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Evon Ridley v. United States Postal Service, EEOC Appeal
No. 01A10805 (July 3, 2002). 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).
However, 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 the previous decision, the Commission affirmed the agency's final
decision finding that complainant failed to establish by a preponderance
of the evidence, that the agency discriminated against her on the basis
of her race, age or disability when she was denied accommodation to
take medication.
With her request for reconsideration, complainant encloses, for the first
time, �pertinent evidence� in support of her disability and the agency's
alleged denial of accommodation. We note that the Commission eliminated
the provision for submitting new and material evidence as a basis for
granting reconsideration with the implementation of new regulations
on November 9, 1999. See 29 C.F.R. � 1614.405 (b) et seq; Murphy
v. Department of Veterans Affairs, EEOC Request No. 05A10724 (August
8, 2001). Therefore, without more, complainant's recently submitted
documentation cannot form the basis for granting reconsideration.
We note that although the Commission may reconsider any decision on
its own motion, we decline to do so here because complainant offers no
explanation as to why she did not provide this information during the
agency's processing of her complaint or on appeal to the Commission.
For this same reason, we decline to find that the previous decision
involved a clearly erroneous interpretation of material fact.
This Commission carefully considered all of the record evidence at
the time it rendered the initial decision in question, and complainant
offered no persuasive reason why this decision should be reconsidered now.
Therefore, after a review of 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. 01A10805 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
March 24, 2003
__________________
Date