Paula L. Bratton, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.

Equal Employment Opportunity CommissionNov 8, 2004
05a50056 (E.E.O.C. Nov. 8, 2004)

05a50056

11-08-2004

Paula L. Bratton, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.


Paula L. Bratton v. United States Postal Service

05A50056

November 8, 2004

.

Paula L. Bratton,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Great Lakes Area),

Agency.

Request No. 05A50056

Appeal No. 01A34597

Agency No. 1J-631-0019-02

DENIAL OF REQUEST FOR RECONSIDERATION

Paula L. Bratton (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Paula L. Bratton v. United States Postal Service,

EEOC Appeal No. 01A34597 (August 24, 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). However, we remind complainant that

a "request for reconsideration is not a second appeal to the Commission."

Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614

(rev. Nov. 9, 1999), at 9-17.

It is not clear from complainant's request why she believes the prior

decision should be reconsidered, but she inquires what is required to

prevail on an EEO complaint. She states that she is not an attorney.

In this administrative process, complainant must first present facts that,

if unexplained, reasonably give rise to an inference of discrimination.

Then the agency must offer a nondiscriminatory reason for its actions.

The next question is whether the reason was the real reason for the

agency's action, or an explanation to cover up an unlawful discriminatory

reason. It is complainant's responsibility to answer that question.

In answering that question, in order to prevail, complainant must convince

the �fact-finder� that what happened to her was motivated by unlawful

discrimination. The fact finder requires proof by a �preponderance of

the evidence.�

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. 01A34597 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:

November 8, 2004

______________________________ __________________

Carlton M. Hadden, Director Date

Office of Federal Operations