Brenda J. Hailey, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service (Southeast Area), Agency.

Equal Employment Opportunity CommissionDec 14, 2000
05a01272 (E.E.O.C. Dec. 14, 2000)

05a01272

12-14-2000

Brenda J. Hailey, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Southeast Area), Agency.


Brenda J. Hailey v. United States Postal Service

05A01272

December 14, 2000

.

Brenda J. Hailey,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service

(Southeast Area),

Agency.

Request No. 05A01272

Appeal No. 01A00194

Agency No. 1H-302-0031-98

DENIAL OF REQUEST FOR RECONSIDERATION

Complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Brenda

J. Hailey v. United States Postal Service, EEOC Appeal No. 01A00194

(June 22, 2000).<1> 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).

On March 21, 1998, complainant filed a formal complaint alleging she

was discriminated against on the bases of race (Black), sex (female),

and disability (Carpel Tunnel Syndrome), when her pay rate was reduced

from Level 6 to Level 4. The prior decision found complainant failed to

provide sufficient evidence to establish an inference of discrimination

on any bases. Furthermore, we found complainant failed to establish

that her pay rate was lowered because of a discriminatory motive.

In her request for reconsideration, complainant makes similar arguments

as those made on appeal. However, complainant failed to articulate

or establish how the prior decision involved a clearly erroneous

interpretation of material law or fact.

Therefore, after a review of the 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. 01A00194 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

December 14, 2000

__________________

Date

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 29 C.F.R. Part 1614 in

deciding the present appeal. The regulations, as amended, may also be

found at the Commission's website at www.eeoc.gov.