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