05A20066
03-01-2002
Ricardo Bennett, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Ricardo Bennett v. United States Postal Service
05A20066
March 1, 2002
.
Ricardo Bennett,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A20066
Appeal No. 01997146
Agency No. 4D-280-0055-98
Hearing No. 140-99-8033x
DENIAL OF REQUEST FOR RECONSIDERATION
Ricardo Bennett (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Ricardo Bennett v. United States Postal Service, EEOC Appeal
No. 01997146 (September 14, 2001). 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 complaint, complainant alleges he was discriminated against on
the bases of race (Black) and sex (male), when on December 19, 1997,
he was issued a letter of warning for unsatisfactory attendance.
In the previous decision, the Commission affirmed the agency's final
decision which concluded that complainant did not establish a prima
facie case of discrimination based on race or sex, since he did
not demonstrate that an employee outside of his protected group was
treated more favorably than he. The Commission also found that the
agency articulated legitimate, nondiscriminatory reasons for its action,
namely, complainant's poor attendance record and the fact that complainant
received the letter of warning, as a step in progressive discipline.
In his request for reconsideration, complainant failed to raise any
argument or evidence not previously considered in rendering the appellate
decision. Therefore he failed to show that the appellate decision involved
a clearly erroneous interpretation of law or would have a substantial
impact on the policies, practices, or operations of the agency.
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. 01997146 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
March 1, 2002
__________________
Date