0520090607
12-09-2009
Dana M. Carroll, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southeast Area), Agency.
Dana M. Carroll,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southeast Area),
Agency.
Request No. 0520090607
Appeal No. 0120073963
Agency No. 4H-390-0043-07
DENIAL
Complainant timely requested reconsideration of the decision in Dana
M. Carroll v. U.S. Postal Service, EEOC Appeal No. 0120073963 (July
10, 2009). 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).
In her underlying complaint, complainant alleged that she was
discriminated against based on her sex and religion in violation of Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et
seq., with regard to terms and conditions of her employment and leave
issues. In Carroll v. U.S. Postal Service, EEOC Appeal No. 0120073963,
the Commission affirmed the agency's final agency decision (FAD)
finding that complainant failed to establish that she was subjected
to discrimination as she alleged. The Commission also found that to
the extent that complainant alleged she was subjected to harassment,
she failed to show that the agency's actions were sufficiently severe
or pervasive to render her work environment hostile.
In her request for reconsideration, complainant reiterates arguments
previously articulated on appeal. With regard to complainant's
previously articulated arguments, we remind complainant that a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part
1614 (EEO MD-110), 9-17 (November 9, 1999). Because we find that the
appellate decision does not involve a clearly erroneous interpretation
of law or fact regarding these arguments, we deny complainant's request
for reconsideration on these maters. We find that Complainant also
submitted numerous contentions concerning matters not relevant to this
request for reconsideration. We decline to address matters unrelated to
this request for reconsideration and remind complainant to raise theses
matters to the attention of management or the EEO office.
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. The decision in EEOC Appeal No. 0120073963 remains the
Commission's decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with the Court 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 9, 2009
Date
2
0520090607
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090607