05A21209
12-03-2002
Michael E. Gohrig, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Michael E. Gohrig v. United States Postal Service (Eastern Area)
05A21209
December 3, 2002
.
Michael E. Gohrig,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A21209
Appeal No. 01A13144
Agency No. 4C-170-0040-00
DENIAL OF REQUEST FOR RECONSIDERATION
Michael E. Gohrig (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Michael E. Gohrig v. United States Postal Service, EEOC
Appeal No. 01A13144 (July 25, 2002). 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).
In his underlying complaint, complainant alleged he was discriminated
against on the bases of sex (male) and age (D.O.B. 2/15/53), in violation
of Title VII of the Civil Rights Act of 1964 (Title VII), as amended,
42 U.S.C. � 2000e et seq., and the Age Discrimination in Employment
Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq., when: 1) on
July 29, 1999, he was not selected for the position of Rural Carrier
Associate (RCA) in favor of a female applicant; 2) on November 2, 1999,
he was denied the opportunity to interview for a position that was
subsequently awarded to a female applicant; and 3) on May 26, 2000, he
received a call-in notice for a RCA position but was denied an interview,
and the position was awarded to a female applicant. The final agency
decision (FAD) found no discrimination. The Commission affirmed the
FAD, finding that assuming, arguendo, complainant established a prima
facie case of sex and age discrimination as to all three issues, the
agency nonetheless articulated legitimate, nondiscriminatory reasons
for its actions. We further found that complainant failed to establish,
by a preponderance of the evidence, that the agency actions were pretext
for discriminatory animus toward his sex or age.
In his request for reconsideration, complainant reiterates his
arguments made on appeal. After a 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. The decision in EEOC Appeal No. 01A13144
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
December 3, 2002
__________________
Date