0520090250
04-01-2009
Tonya A. Mosley-Coleman, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Tonya A. Mosley-Coleman,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090250
Appeal No. 0120083763
Agency No. 4H310007308
DENIAL
Complainant timely requested reconsideration of the decision in
Tonya A. Mosley-Coleman v. United States Postal Service, EEOC Appeal
No. 0120083763 (January 6, 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 her formal complaint, complainant alleged that she was discriminated
against and subjected to a hostile work environment on the bases of race
(Black), sex (female), and age (47), when she was instructed to leave
the building on February 19, 2008. In our previous decision, we found
that the agency articulated legitimate, nondiscriminatory reasons
for instructing complainant to leave the building. Specifically,
complainant refused repeated orders from her supervisor to perform
her duties as required, and she failed to respond to her supervisor's
requests that she come to his office. The supervisor's testimony was
corroborated by other employees, who stated that complainant refused to
respond to repeated requests that she report to her supervisor. Further,
we found that the record was devoid of evidence that would establish by a
preponderance of the evidence that the agency's reasons for instructing
complainant to leave the building were pretext, or that discriminatory
animus was a motivating factor in the supervisor's decisions. We affirmed
the agency's final decision finding that no discrimination existed.
In her request for reconsideration, complainant restates arguments
previously raised on appeal.1 We find, however, that these arguments
were fully considered on appeal, and after reconsidering the previous
decision and the entire record, the Commission finds that complainant
fails to meet the criteria of 29 C.F.R. � 1614.405(b). It is the decision
of the Commission to DENY complainant's request for reconsideration.
The decision in EEOC Appeal No. 0120083763 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
April 1, 2009
Date
1 We note that in her request for reconsideration, complainant raises
new allegations of discrimination that occurred after the agency issued a
final decision. New incidents of discrimination must be brought to the
attention of an EEO Counselor within forty-five (45) days of the date
of the matter alleged to be discriminatory. 29 C.F.R. � 1614.105(a)(1).
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0520090250
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013