Brenda Dantzler, Complainant, William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Region), Agency.

Equal Employment Opportunity CommissionJul 21, 2000
05990373 (E.E.O.C. Jul. 21, 2000)

05990373

07-21-2000

Brenda Dantzler, Complainant, William J. Henderson, Postmaster General, United States Postal Service, (Allegheny/Mid-Atlantic Region), Agency.


Brenda Dantzler v. United States Postal Service

05990373

July 21, 2000

Brenda Dantzler, )

Complainant, ) Request No. 05990373

) Appeal No. 01973907

) Agency No. 4C440106496

) Hearing No. 220965237X, 220965238X

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

(Allegheny/Mid-Atlantic Region), )

Agency. )

____________________________________)

DISMISSAL OF REQUEST FOR RECONSIDERATION

On February 12, 1999, the agency initiated a request to the Equal

Employment Opportunity Commission (EEOC) to reconsider the decision in

Dantzler v. The United States Postal Service, EEOC Appeal No. 01973907

(December 30, 1998).<1> By regulation, requests for reconsideration must

be filed within thirty (30) calendar days after the party requesting

reconsideration receives our previous decision. 64 Fed. Reg. 37,644,

37,661 (1999) (29 C.F.R. � 1614.604(b)). Requests for reconsideration

are deemed filed on the date received by the Commission, unless postmarked

earlier.

The agency acknowledges receiving our previous decision on January

4, 1999. The agency's request for reconsideration was received by

the Commission via facsimile transmission on February 12, 1999,

beyond the 30 calendar day limitation period. The agency did not

submit any justification for extending the filing period beyond 30

days. Accordingly, the agency's request for reconsideration is untimely

and is DISMISSED. The Commission's decision in EEOC Appeal No. 01983636

remains the Commission's final decision in this matter. There is no

further right of administrative appeal on the decision of the Commission

on this request for reconsideration.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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:

July 21, 2000

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

1 On 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.