05991040
11-08-1999
Cecilia T. Durinzi, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Cecilia T. Durinzi v. United States Postal Service
05991040
November 8, 1999
Cecilia T. Durinzi, )
Appellant, )
) Request No. 05991040
v. ) Appeal No. 01983484
) Agency No. 1C-191-0197-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On August 16, 1999, Cecilia T. Durinzi (hereinafter referred to
as the appellant) initiated a request to the Equal Employment
Opportunity Commission (the Commission) to reconsider the decision
in Cecilia T. Durinzi v. William J. Henderson, Postmaster General,
United States Postal Service, EEOC Appeal No. 01983484 (July 22, 1999).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a). A party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following 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,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); 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 the appellant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
appellant's 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 appellant's
request. The decision in EEOC Appeal No. 01983484 (July 22, 1999)
remains the Commission's final decision.<1> There is no further right
of administrative appeal on a decision of the Commission on a Request
for Reconsideration.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
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:
November 8, 1999
Date Carlton Hadden, Acting Director
Office of Federal Operations
1To the extent that the previous decision may have confused the numerical
references to the two allegations identified, we find that allegation
(1) was properly dismissed by the agency for the reasons stated therein.