05990390_r
08-31-2000
Carey L. Anderson, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Carey L. Anderson, )
Complainant, )
)
v. ) Request No. 05990390
) Appeal No. 01981096
William J. Henderson, ) Agency No. SC-0000-97
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION ON REQUEST FOR RECONSIDERATION
On February 22, 1998, the Equal Employment Opportunity Commission
received a request from the agency to reconsider the decision in
Anderson v. United States Postal Service, EEOC Appeal No. 01981096
(January 27, 1999).<1> The Commission, in its discretion, may grant a
party's request to reconsider a decision issued under the regulation
set forth at 64 Fed. Reg 37,644, 37,659 (1999) (to be codified as 29
C.F.R. � 1614.405(a)), if the party demonstrates that:
The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
The decision will have a substantial impact on the policies, practices
or operations of the agency.
64 Fed. Reg 37,644, 37,659 (1999) (to be codified as and hereinafter
cited as 29 C.F.R. � 1614.405(b)).
The previous decision found that the agency had misdefined the complaint
and had therefore improperly dismissed the complaint for failure to
state a claim. The previous decision defined the complaint as alleging
that complainant was discriminated against when she was terminated from
the agency. In the agency's request to reconsider the previous decision,
the agency argues that the issue of complainant's termination was the
subject of a prior complaint filed by complainant. The agency states
that this prior complaint was the subject of an agency decision which
was appealed to the Commission.
Commission records show that a decision was issued by the Commission
on February 23, 2000, finding no discrimination in the agency's
termination of complainant (a claim raised in a complaint filed prior to
the instant complaint). Anderson v. United States Postal Serv., EEOC
Appeal No. 01970254 (Feb. 23, 2000). Therefore, we grant the agency's
request to reconsider the previous decision. The Commission finds that
the instant complaint states the same claim that has been adjudicated by
the agency and the Commission and that the instant complaint is properly
dismissed pursuant to the regulation set forth at 64 Fed. Reg. 37,644,
37656 (to be codified as 29 C.F.R. � 1614.107(a)(1)). The decision in
EEOC Appeal No. 01981096 is reversed. There is no further right of
administrative appeal from a decision of the Commission on a 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:
August 31, 2000
________________ ______________________________
DATE Frances M. Hart
Executive Officer
Executive Secretariat
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________ 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 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.