05A00381
04-30-2002
Gulam Dean, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southeast Area), Agency.
Gulam Dean v. United States Postal Service
05A00381
April 30, 2002
.
Gulam Dean,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Request No. 05A00381
Appeal No. 01984352
Agency No. 4H-3350-154-97
DENIAL OF REQUEST FOR RECONSIDERATION
Gulam Dean (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Gulam Dean v. United States Postal Service, EEOC Appeal
No. 01984352 (February 4, 2000). Complainant alleged discrimination
based upon his race (Indian), color (brown), religion (Muslim), and
national origin (India), when he was allegedly subjected to a hostile
work environment at the agency's St. Petersburg, Florida Open Air Station
(Open Air Station) from December 1996 through March 1997.
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).
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.<1> The decision
in EEOC Appeal No. 01984352 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
April 30, 2002
__________________
Date
1 The substance of complainant's assertions in his request for
reconsideration relate to issues that are not relevant to the claims
herein. Complainant also argues that he did not complain �time to time
because no management [official] was paying attention.� In addition,
complainant explains that he �did not complain [about the harassment]
because he was moved to different post offices.� We do not find such
statements sufficient in establishing that the previous decision was
erroneous.