0520100405
08-12-2010
Jacqueline Thomas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Jacqueline Thomas,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 0520100405
Appeal No. 0120083512
Agency No. 4C-440-0159-08
DENIAL
Complainant timely requested reconsideration of the decision in Jacqueline Thomas v. U.S. Postal Service, EEOC Appeal No. 0120083512 (April 22, 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 the appellate decision, Complainant alleged that she was subjected to discrimination on the bases of race (African American), disability (right eye), and in reprisal for prior protected EEO activity arising under the Rehabilitation Act when: (1) on February 27, 2007, she was issued a letter of Continued Absence; and (2) on October 12, 2007, she was issued a Notice of Removal. The agency dismissed both claims for untimely EEO Counselor contact and for failure to state a claim.
Complainant alleged that she did not address the February 27, 2007, letter in her formal complaint. The Commission agreed and thereafter declined to address issue (1). Further, with respect to issue (2) the Commission found that the agency properly dismissed this claim for untimely EEO Counselor contact. Additionally, the Commission found that the allegations that Complainant argued were not addressed in her complaint, which included whether the agency led her to believe she would be offered work, turned all of her "IOD Claims" over to the Office of Workers' Compensation Programs, and inappropriately obtained her medical information, had been previously addressed in Thomas v. United States Postal Service, EEOC Appeal No. 01A52773 (July 25, 2006), request for reconsideration denied, EEOC Request No. 05A61008 (September 7, 2006). Therefore, the Commission affirmed the Agency's dismissal of this case.
In her request for reconsideration, Complainant requests consideration of additional documentation that she has provided. She also contends that the agency ignored her repeated requests for EEO "filing forms." Further, Complainant maintains that the Agency withheld information from her regarding her date of termination.
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 Commission finds that Complainant failed to show that the appellate decision involved a clearly erroneous interpretation of material fact or law or that the appellate decision will have a substantial impact on the policies, practices, or operations of the agency. Further, with respect to Complainant's contentions in her request for reconsideration, the Commission finds that the information submitted by Complainant does not advance her argument, in that she argued these exact points in her appellate decision. Upon review, we find that her concerns were properly addressed in the appellate decision. Therefore, the decision in EEOC Appeal No. 0120083512 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
August 12, 2010
Date
2
0520100405
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100405