05A40470
04-07-2004
Anna Lam v. United States Postal Service
05A40470
April 7, 2004
.
Anna Lam,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A40470
Appeal No. 01A30512
Agency No. 1F-946-0011-02
Hearing No. 370-02-X2539
DENIAL OF REQUEST FOR RECONSIDERATION
Anna Lam (complainant) timely initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Anna Lam v. United States Postal Service, EEOC Appeal No. 01A30512
(February 5, 2004). EEOC regulations provide that the Commission may,
in its discretion, 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).
After a review of complainant's request for reconsideration, the
previous decision<1>, 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. 01A30512 remains the Commission's final decision.<2>
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
April 7, 2004
__________________
Date
1For purposes of its review, the Commission assumes without deciding
that complainant has established coverage under the Rehabilitation Act.
2In her request for reconsideration, complainant has alleged
discriminatory acts occurring subsequent to the events at issue in
the complaint at bar. Complainant is advised that if she wishes to
pursue, through the EEO process, the additional reprisal allegations
that she raised for the first time on request for reconsideration,
she shall initiate contact with an EEO Counselor within 15 days after
she receives this decision. The Commission advises the agency that if
complainant seeks EEO counseling regarding the new allegations within the
above-referenced 15 day period, the date complainant filed the request in
which she raised these allegations shall be deemed to be the date of the
initial EEO contact, unless she previously contacted an EEO Counselor
regarding these matters, in which case the earlier date would serve
as the EEO Counselor contact date. Cf. Qatsha v. Dept. of the Navy,
EEOC Request No. 05970201 (January 16, 1998).