0520110478
07-19-2011
Ashraf H. Rezk, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service, (New York Metro Area), Agency.
Ashraf H. Rezk,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service,
(New York Metro Area),
Agency.
Request No. 0520110478
Appeal No. 0120110619
Hearing No. 530-2010-00090X
Agency No. 4A-088-0063-09
DENIAL
Complainant timely requested reconsideration of the decision in Ashraf
H. Rezk v. U.S. Postal Serv., EEOC Appeal No. 0120110619 (Apr. 21, 2011).
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).
The previous decision determined that an EEOC Administrative Judge
appropriately issued a decision without a hearing, finding that the
Agency did not discriminate against Complainant based on his national
origin (Middle Eastern) when: (1) he was denied leave under the Family
Medical Leave Act in 2008; and (2) he was not selected for a truck driver
position in 2009.
Complainant did not submit a statement in support of his request for
reconsideration. Instead, he asks that we grant him an extension of
time to submit a statement because of a family issue.
“Requests for reconsideration and any supporting statement or brief
must be filed with Office of Federal Operations (OFO) within thirty (30)
days of receipt of a decision of the Commission . . . . The requesting
party must submit any supporting documents or brief at the time the
request is filed.” Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614 (EEO-MD-110), at 9-18 (Nov. 9, 1999). Therefore,
we cannot grant Complainant’s request for an extension of time at this
stage of the federal sector EEO process.
Because Complainant did not explain how the previous decision clearly
erred, the Commission finds that his request for reconsideration fails
to meet the criteria of 29 C.F.R. § 1614.405(b). Therefore, we DENY the
request for reconsideration. The decision in EEOC Appeal No. 0120110619
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 (P0610)
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 (Z0610)
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
___7/19/11_______________
Date
2
0520110478
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110478