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
2
0520100059
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100059
3
0520100059