05A31102
10-06-2003
Naumi A. Hafis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Naumi A. Hafis v. United States Postal Service
05A31102
10-06-03
.
Naumi A. Hafis,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A31102
Appeal No. 01A32793
Agency No. 4D-230-0190-01
Hearing No. 120-A3-00007X
DENIAL OF REQUEST FOR RECONSIDERATION
Naumi A. Hafis (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Naumi A. Hafis v. United States Postal Service, EEOC
Appeal No. 01A32793 (July 10, 2003). 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 an EEO complaint claiming that she had been
discriminated against on the bases of race (African American), national
origin (African American), sex (female), age (DOB: 11/5/1960), and
reprisal for prior EEO activity when: 1) in November 2000, she was
denied a lateral detail assignment to Bon Air Station; 2) in March 2001,
she was denied a lateral assignment to the Pocoshock Creek Branch; 3)
in January 2001, she was denied a lateral relief / swing assignment;
4) in June 2001, she was denied the opportunity to be a mentor; and 5)
in June 2001, she was denied the opportunity to apply for the position
of Manager, Customer Services, Southside Station. After complainant was
issued the report of investigation, she requested a hearing before an
EEOC Administrative Judge (AJ). The AJ determined that the case was
appropriate for a decision without a hearing, and issued a decision
finding that the complainant had not been discriminated against.
In her March 11, 2003 summary judgment decision, the AJ found that there
were no material facts in genuine dispute and issued a decision on the
record. The AJ found that issues 1, 2, 3, and 4 were untimely raised
with an EEO Counselor and should be dismissed. She also found that
complainant had presented no evidence establishing prima facie cases on
any of her raised bases, and that the agency had articulated legitimate,
nondiscriminatory reasons for its actions which complainant failed to
show were pretext for discrimination. The agency issued a final order
which implemented the AJ's decision. The previous decision affirmed
the agency's implementation of the AJ's decision.
In her request for reconsideration, complainant submitted an argument
in which she attempted to show that the AJ's decision was incorrectly
decided, and which supported her claim that she had been discriminated
against and that her claims constituted a continuing violation.
The agency objected to complainant's request for reconsideration on
the grounds that she had not met the criteria for the granting of
reconsideration.
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 record does not
contain evidence which would support a finding of discrimination.
The decision in EEOC Appeal No. 01A32793 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
___10-06-03_______________
Date