05991086
10-24-2001
Lorine L. Hayes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Lorine L. Hayes v. United States Postal Service
05991086
10/24/01
.
Lorine L. Hayes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05991086
Appeal No. 01975344
Agency No. 1F-946-1077-95
Hearing No. 370-96-X2625
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Lorine
L. Hayes v. United States Postal Service, EEOC Appeal No. 01975344
(July 23, 1999). 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 (African-American), color (black), age (DOB: 10/15/38),
and physical disability (neck and back), when on April 6, 1995, her
supervisor took her off the clock and told her there was no light duty
work available. The prior decision affirmed an AJ's and the agency's
finding of no discrimination on the bases of race, color, or age. As for
complainant's claim of disability discrimination, the prior decision found
complainant failed to show that her medical restrictions, which required
complainant lift no more than 15 pounds, could be accommodated in her
position. Furthermore, the prior decision found the agency attempted
to find complainant light duty work within her medical restrictions,
and that complainant failed to participate in the interactive process
with the agency.
In her request for reconsideration, complainant argues that which she
argued on appeal. She claims the agency failed to accommodate her
disability. However, complainant failed to establish that the prior
decision involved a clearly erroneous interpretation of material law
or fact. After a review of the 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. The decision
in EEOC Appeal No. 01975344 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
10/24/01
Date