05A40493
03-29-2000
Avtar S. Chahal, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.
Avtar S. Chahal v. United States Postal Service
05A40493
March 29, 20004
.
Avtar S. Chahal,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Request No. 05A40493
Appeal No. 01A32698
Agency No. 4F-945-0111-01
Hearing No. 370-A3-2193X
DENIAL OF REQUEST FOR RECONSIDERATION
Avtar S. Chahal (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Avtar S. Chahal v. United States Postal Service, EEOC
Appeal No. 01A32698 (January 21, 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).
In his formal complaint, complainant alleged that the agency harassed him
on the bases of disability and age (D.O.B. 11/25/44) when he received
a series of letters, phone calls, and visits by Postal Inspectors, who
charged him Absent without Leave (AWOL) and threatened him with removal
if he did not provide medical documentation. In our previous decision,
we affirmed the agency's final order which adopted an EEOC Administrative
Judge's decision finding no discrimination. The Administrative Judge
found that the agency offered legitimate, non-discriminatory reasons
for its actions, and the Commission agreed with the Administrative Judge
that complainant failed to pove that the agency's action was motivated
by discriminatory animus toward complainant's protected classes.
After a review of complainant's request for reconsideration, 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. 01A32698 remains the Commission's final decision. 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
March 29, 20004
__________________
Date