05980699
11-03-2000
Robert L. Siler, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Mid-Atlantic Area), Agency.
Robert L. Siler v. United States Postal Service
05980699
November 3, 2000
.
Robert L. Siler,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Mid-Atlantic Area),
Agency.
Request No. 05980699
Appeal No. 01964183
Agency No. 4D-270-1088-94
Hearing No. 140-95-8070X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Robert
L. Siler v. United States Postal Service, EEOC Appeal No. 01964183
(March 12, 1998).<1> 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 the underlying complaint, complainant contended that he was
discriminated against based on race (Black) and physical disability
("surgery on both arms"/carpal tunnel syndrome) when, from January 10
through January 18, 1994, he was required to work overtime although
he was not on the overtime desired list. Following a hearing, an EEOC
Administrative Judge (AJ) issued a decision finding no discrimination,
and the FAD adopted the AJ's findings and conclusions. The prior decision
affirmed the FAD.
In his request for reconsideration, complainant contends, inter alia: (1)
the AJ was biased against complainant, as indicated by various evidentiary
rulings and comments she made during the hearing; (2) the AJ made legally
erroneous evidentiary and procedural rulings; and (3) the AJ erred in
finding that complainant failed to request disability accommodation.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that
complainant has not raised any matters not previously considered by
the Commission. 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.
In so concluding, we do not reach whether or not the AJ correctly
concluded that complainant is an individual with a disability within the
meaning of the Rehabilitation Act. We find that even assuming arguendo
complainant established a prima facie case of discrimination based on
race or disability, he failed to demonstrate by a preponderance of the
evidence that the agency's proffered reasons for the challenged actions
are a pretext for discrimination, or that he requested and was denied
reasonable accommodation. Accordingly, the decision in EEOC Appeal
No. 01964183 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
November 3, 2000
__________________
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.