05a40873
07-29-2004
Linda K. Farnsworth, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Linda K. Farnsworth v. United States Postal Service
05A40873
7/29/04
.
Linda K. Farnsworth,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A40873
Appeal No. 01A33530
Agency Nos. 1D-241-0010-01, 1D-241-0030-01
Hearing Nos. 120-2002-01492X, 120-2003-00027X
DENIAL OF REQUEST FOR RECONSIDERATION
Linda K. Farnsworth (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Linda K. Farnsworth v. United States Postal Service,
EEOC Appeal No. 01A33530 (April 22, 2004). 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).
Complainant filed a formal complaint alleging discrimination on the
bases of race (Caucasian), sex (female), and reprisal (prior EEO
activity) when: (1) she was subjected to a hostile work environment;
(2) on July 25, 2001, she received a letter stating her position was
abolished and (3) on August 16, 2001, her work location was changed.
After an investigation into the complaints, complainant requested
a hearing before an EEOC AJ. The AJ found no dispute of material
fact, and proceeded to issue a decision without a hearing. The agency
implemented the decision in its final order, and complainant appealed.
We affirmed the agency's final order.
In her request for reconsideration, complainant states that there were
deficiencies in the Report of Investigation, and challenged the AJ's
decision to issue a Summary Judgement decision. After a careful 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. Complainant failed to establish
that the prior decision involved a clearly erroneous interpretation of
material law or fact. Indeed, complainant failed to establish there
was any dispute of material fact such that a hearing was necessary.
Although complainant contends that the agency failed to interview her
witnesses, she failed to identify what the witnesses would proffer.
The decision in EEOC Appeal No. 01A33530 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
7/29/04
Date