05a00716
11-22-2000
Vanessa K. Henningfeld, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Vanessa K. Henningfeld v. United States Postal Service
05A00716
November 22, 2000
.
Vanessa K. Henningfeld,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00716
Appeal No. 01995159
Agency No. 4-J-600-0358-98
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Vanessa
K. Henningfeld v. United States Postal Service, EEOC Appeal No. 01995159
(March 30, 2000). By regulation, requests for reconsideration must be
filed within 30 calendar days after the party receives our previous
decision. 29 C.F.R. � 1614.405(b). A document is timely if it is
received or postmarked before the expiration of the applicable filing
period, or, in the absence of a legible postmark, is received by mail
within five days of the expiration of the applicable filing period.
29 C.F.R. � 1614.604(b).
It is noted that the Commission's previous decision included a
Certificate of Mailing indicating that for timeliness purpose, the
Commission will presume that this decision was received within five
(5) calendar days of mailing, which was March 30, 2000. Complainant
filed the request for reconsideration postmarked May 8, 2000, which
was beyond the 30-day time limit. On request for reconsideration,
complainant does not provide adequate justification for extending
the filing period beyond 30 days. Accordingly, complainant's request
for reconsideration is hereby DISMISSED. The decision in EEOC Appeal
No. 01995159 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 22, 2000
__________________
Date