05a00028
04-24-2000
Albert Reavis, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Pacific/Western Areas), Agency.
Albert Reavis v. United States Postal Service
05A00028
April 24, 2000
Albert Reavis, )
Complainant, )
) Request No. 05A00028
v. ) Appeal No. 01990739
) Agency No. 4F-950-0083-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(Pacific/Western Areas), )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On 10/1/99, Albert Reavis (complainant) initiated a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in Albert Reavis v. United States Postal Service, EEOC Appeal No. 01990739
(8/24/99).<1> EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter referred
to as EEOC Regulation 29 C.F.R. � 1614.405(b)). The party requesting
reconsideration must submit written argument or evidence which tends
to establish one or more of the following two criteria: the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or the decision will have a substantial impact on the policies,
practices or operations of the agency. Complainant's request is denied.
In his request, complainant does not challenge the prior decision,
rather, he charges that the agency has violated 29 C.F.R. � 1614.101.
Complainant is advised that if he believes he has been discriminated
against by the agency with respect to a term, condition or privilege of
his employment, he should make contact with an EEO Counselor in order
to properly initiate the EEO process. After a review of complainant's
request for reconsideration, the previous decision, and the entire record,
the Commission finds complainant's request does not meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission
to deny complainant's request. The decision of the Commission in EEOC
Appeal No. 01990739 remains the Commission's final decision. There is no
further right of administrative appeal from a decision of the Commission
on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
April 24, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.