05a00670
01-19-2001
Scott Kolb, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Scott Kolb v. United States Postal Service
05A00670
01-19-01
.
Scott Kolb,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00670
Appeal No. 01994261
Agency No. 4G-780-0260-97
Hearing No. 360-98-8749X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Scott
Kolb v.William J. Henderson, Postmaster General, United States Postal
Service, EEOC Appeal No. 01994261 (April 4, 2000).<1> EEOC regulations
provide that the Commission may, in the exercise of its discretion, grant
a request for reconsideration if the party making the request demonstrates
that the appellate decision involved a clearly erroneous interpretation of
material fact or law, or that the decision will have a substantial impact
on the policies, practices, and operations of the agency. 29 C.F.R. �
1614.405(b). After reviewing the record in its entirety, including
complainant's request for reconsideration and supporting documentation,
we find that complainant's request does not satisfy either criterion for
reconsideration, and accordingly, the request is denied. The decision
of the Commission in EEOC Appeal No. 01994261 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
__01-19-01________________
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.