05a50316
03-09-2005
Crystal Perry, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Crystal Perry v. United States Postal Service
05A50316
03-09-05
.
Crystal Perry,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50316
Appeal No. 01A45329
Agency No. 1K-209-0028-01
Hearing No. 120-2003-00137X
DENIAL
Crystal Perry (complainant) timely requested reconsideration of the
decision in Crystal Perry v. United States Postal Service, EEOC Appeal
No. 01A45329 (November 29, 2004). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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).
After reconsidering 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.<1> The decision in EEOC Appeal No. 01A45329 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.<2>
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
____03-09-05______________
Date
1 The Commission notes that complainant
describes facts, including a �saved grade scenario,� which may constitute
a new claim of discrimination. Since this claim was not previously
raised as part of the present complaint, it is inappropriate for her to
raise this new claim for the first time as part of the current request
to reconsider. See Hubbard v. Department of Homeland Security, EEOC
Appeal No. 01A40449 (April 22, 2004).
2 In her request to reconsider, complainant requested information
regarding: (1) what standard is used to determine the validity of an
employee's complaint of job discrimination; (2) where can an employee
find information on previous cases of job discrimination; and (3) how can
an employee obtain records and/or documents to which the employee would
not normally have access to substantiate a claim of discrimination. With
respect to complainant's first question, the EEOC Administrative Judge's
(AJ) decision, dated June 22, 2004, provides the applicable standards
for proving discrimination on pages 1-3 and 8-10 of his decision.
The Commission's website located at www.eeoc.gov also provides information
about the applicable standards, as well as prior Commission decisions in
the Federal Sector under the �Federal Sector Appellate Decisions� link.
Finally, an employee can obtain records and/or documents from the agency
during the agency's investigation and during the discovery period before
the AJ. See 29 C.F.R. � 1614.108 and .109(d).