05990246
06-14-2000
Om Kohli, Complainant, v. William J. Henderson, Postmaster General, United states Postal Service,) Agency.
Om Kohli v. United states Postal Service
05990246
June 14, 2000
Om Kohli, )
Complainant, )
)
v. ) Request No. 05990246
) Appeal No. 01976698
William J. Henderson, ) Agency No. 1K-221-0127-97
Postmaster General, )
United states Postal Service,)
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request for the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Om Kohli v. United States Postal Service, EEOC Appeal No. 01976698
(November 4, 1998). EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous decision where the
party demonstrates that: (1) the previous decision involved clearly
erroneous interpretation of material fact or law; or (2) the decision
will have a substantial impact on the policies, practices, or operation
of the agency. 29 C.F.R. �1614.405(b).<1>
Upon review of the record, the Commission finds that complainant's
request for reconsideration fails to meet the criteria for reconsideration
pursuant to 29 C.F.R. �1614.405(b), and therefore is DENIED. The decision
in Appeal No. 01976698 remains the final decision of the Commission
in this case. There is no further right of administrative appeal from
this decision.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
June 14, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.