0520090301
05-21-2009
Thomas K. Mathai, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Thomas K. Mathai,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090301
Appeal No. 0120093097
Hearing No. 450200800172X
Agency No. 1G754000108
DENIAL
Complainant timely requested reconsideration of the decision in Thomas
K. Mathai v. United States Postal Service, EEOC Appeal No. 0120093097
(February 10, 2009). EEOC regulations provide that the Commission may,
in its discretion, grant a request to 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 underlying complaint, complainant alleged that the agency subjected
him to unlawful discrimination, in violation of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq., on the bases
of his race (Asian Indian), national origin (Asian Pacific Islander),
and sex when, on September 13, 2007, he learned that he was not given
retreat rights. The Administrative Judge (AJ) assigned to the case
dismissed the instant claim, pursuant to 29 C.F.R. � 1614.107(a)(2),
for untimely EEO Counselor contact. Specifically, the AJ found that,
although complainant stated that he first suspected that he had been
subjected to discrimination on January 31, 2006, he did not contact an EEO
Counselor until October 2, 2007. The AJ concluded that complainant failed
to present any persuasive arguments or evidence warranting an extension of
the time limit for initiating contact. The agency's final action adopted
the AJ's dismissal and, on appeal, the Commission affirmed the FAD.
In his request for reconsideration, complainant reiterates his contentions
made on appeal. After reconsidering 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. 0120093097 remains
the Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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 21, 2009
Date
2
0520090301
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090301