0520110567
10-13-2011
Jana Arnold, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.
Jana Arnold,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(Great Lakes Area),
Agency.
Request No. 0520110567
Appeal No. 0120111444
Agency No. 4J-480-0115-10
DENIAL
Complainant timely requested reconsideration of the decision in Jana Arnold v. U.S. Postal Service, EEOC Appeal No. 0120111444 (May 31, 2011). 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 our prior decision, the Commission affirmed the Agency's decision to hold Complainant's claim of disability discrimination in abeyance pending the outcome of an appeal of a certification decision in the McConnell class. Complainant was in a limited duty position due to her medical limitations, and alleged that she was subjected to harassment due to the Agency's actions related to National Reassessment Process (NRP). The Commission agreed that Complainant's disability claim was properly subsumed within the McConnell class action. The remaining claims of discrimination based on age, national origin, sex and reprisal were being processed by the Agency under Case No. 4J-480-0127-10.
In her request for reconsideration, Complainant provides great detail regarding the substance of her complaint, and reiterates contentions previously presented on appeal. She explained that, after suffering an on-the-job injury, she was provided a limited duty position in 1999. This job was "recklessly taken away". Further, she was "excessively required medical updates", while those outside of her protected bases were not. However, she argues that she "never said this was harassment based on disability due to the NRP."
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. 0120111444 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
October 13, 2011
__________________
Date
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0520110567
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520110567