05970253
12-18-1998
Candace Smith, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Candace Smith v. United States Postal Service
05970253
December 18, 1998
Candace Smith, )
Appellant, )
) Request No. 05970253
v. ) Appeal No. 01961920
) Agency No. 4-E-970-1060-94
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On December 14, 1996, Candace Smith (appellant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Candace Smith v. Marvin T. Runyon, Jr.,
Postmaster General, United States Postal Service, EEOC Appeal No. 01961920
(November 8, 1996).<0> EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law or regulation, or material fact, or a misapplication
of established policy, 29 C.F.R. �1614.407(c)(2); and the decision is of
such exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3).
After a review of appellant's request to reconsider, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny the request. The decision in EEOC
Appeal No. 01961920 (November 8, 1996) remains the Commission's final
decision.<0> There is no further right of administrative appeal on the
decision of the Commission on this Request to Reconsider.
RIGHT TO FILE A CIVIL ACTION (P0993)
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. It
is the position of the Commission that 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. You should
be aware, however, that courts in some jurisdictions have interpreted
the Civil Rights Act of 1991 in a manner suggesting that a civil action
must be filed WITHIN THIRTY (30) CALENDAR DAYS from the date that you
receive this decision. To ensure that your civil action is considered
timely, you are advised to file it WITHIN THIRTY (30) CALENDAR DAYS
from the date that you receive this decision or to consult an attorney
concerning the applicable time period in the jurisdiction in which your
action would be filed. 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 (Z1092)
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:
DEC 18, 1998
Date Frances M. Hart
Executive Officer
Executive Secretariat
01 The record does not reveal when appellant received the prior decision.
Therefore, we have treated her request as timely.
02 The Commission notes that appellant's breach allegations constitute,
in effect, allegations that the agency has failed to reasonably
accommodate her disability by requiring her to work more than eight hours
per day. For that reason, appellant has 15 days to timely initiate EEO
counseling if she wishes to file a complaint alleging that the agency has
discriminated against her by working her outside of her restrictions.