Aida L. Mendez, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 23, 2009
0520100059 (E.E.O.C. Nov. 23, 2009)

0520100059

11-23-2009

Aida L. Mendez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Aida L. Mendez,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520100059

Appeal No. 0120092508

Agency No. 4A110008309

DENIAL

Complainant timely requested reconsideration of the decision in Aida

L. Mendez v. U.S. Postal Service, EEOC Appeal No. 0120092508 (September

17, 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 its initial decision, the Commission affirmed the agency's final

decision dismissing complainant's complaint for failure to state a claim

(complainant was berated for requesting overtime and was told that she

should apologize to other carriers for making them help her on her route).

In her request, complainant does not raise new arguments relevant to her

formal complaint. Instead, complainant addresses a separate incident

that occurred prior to the date on which the alleged subject claim

of discrimination against her took place.

Upon review of the record, we find that our initial decision properly

affirmed the agency's final decision. The Commission's initial decision

properly noted that complainant failed to show she suffered harm or

loss with respect to a term, condition or privilege of employment for

which there is a remedy. Additionally, the initial decision properly

noted that the events described, even if proven true, would not indicate

that complainant has been subjected to harassment that was sufficiently

severe or pervasive to alter the conditions of her employment. We remind

complainant that a "request for reconsideration is not a second appeal

to the Commission." Equal Employment Opportunity Management Directive

110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9.

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. 0120092508 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

November 23, 2009____

Date

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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