Robert R. Williams, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro Area), Agency.

Equal Employment Opportunity CommissionMay 8, 2007
0120063254 (E.E.O.C. May. 8, 2007)

0120063254

05-08-2007

Robert R. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro Area), Agency.


Robert R. Williams,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Capital-Metro Area),

Agency.

Appeal No. 01200632541

Agency No. 4K-230-0046-04

Hearing No. 120-2005-00412X

DECISION

Pursuant to 29 C.F.R. � 1614.405, the Commission accepts complainant's

appeal for de novo review from the agency's August 26, 2005 final

decision concerning his equal employment opportunity (EEO) complaint

alleging employment discrimination in violation of Title VII of the

Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e

et seq., and the Age Discrimination in Employment Act of 1967 (ADEA),

as amended, 29 U.S.C. � 621 et seq. Complainant, a former Mailhandler,

PS-04, at the Main Post Office in Richmond, Virginia, alleged that the

agency discriminated against him on the bases of race (African-American)

and age2, when, on November 20, 2003, his request for reinstatement to

the agency was denied.

We note that complainant timely requested a hearing before an

Administrative Judge (AJ). The AJ subsequently cancelled the hearing

on the basis of complainant's alleged failure to prosecute the case, and

remanded the case to the agency for issuance of a FAD. Complainant does

not specifically state on appeal that the cancellation of the hearing

was improper therefore, it will not be addressed herein.

After a review of the record in its entirety, it is the decision of the

Equal Employment Opportunity Commission to affirm the agency's final

decision because the preponderance of the evidence of record does not

establish that race-based discrimination occurred.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

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

May 8, 2007

__________________

Date

1 Due to a new data system, this case has been re-designated with the

above referenced appeal number.

2 The agency dismissed the basis of age discrimination in the FAD because

complainant was not over age 40 at the relevant time. Complainant has

not argued on appeal that this dismissal was improper.

??

??

??

??

2

0120063254

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036