05970872
06-04-1999
Janice B. Freeman, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Janice B. Freeman, )
Appellant, )
)
v. ) Request No. 05970872
) Appeal No. 01965754
William J. Henderson, ) Agency No. 4D280102796
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DECISION ON REQUEST FOR RECONSIDERATION
On June 25, 1997, appellant initiated a request to the Equal Employment
Opportunity Commission to reconsider the decision in Janice B. Freeman
v. Marvin T. Runyon, Jr., Postmaster General, United States Postal
Service, EEOC Appeal No. 01965754 (June 4, 1997). By letter dated July
22, 1998, the agency notified the Commission that appellant had filed
Civil Action No. 3:98CV271-MU in the United States District Court for
the Western District of North Carolina, Charlotte Division, on June 26,
1998. The agency included a copy of the civil action with its letter.
Paragraph 38 of the civil action states:
On November 15, 1995, plaintiff was given an official discussion by
[her supervisor] about an unauthorized visit from plaintiff's daughter
for five minutes. At the same time, she was also given an investigative
interview in regards to 45 minutes of unauthorized overtime on November
14, 1995.
These issues are identical to the allegations that are currently before
the Commission under the above-referenced docket number. Accordingly,
the processing of appellant's request for reconsideration is terminated
pursuant to 29 C.F.R. � 1614.410.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
June 4, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat