05990059
05-18-2001
Daniel Fonseca, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Daniel Fonseca v. United States Postal Service (Pacific Area)
05990059
May 18, 2001
.
Daniel Fonseca,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05990059
Appeal No. 01964951
Agency Nos. 5E-1409-92; 5E-1481-92; 1F-944-1005-94; 1F-944-1011-94
Hearing Nos. 370-95-X2727 through X2730
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Alfonso
D. Fonseca v. United States Postal Service (Pacific Area), EEOC Appeal
No. 01964951 (September 3, 1998).<1> EEOC Regulations provide that the
Commission may, in its discretion, 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 his underlying complaint, complainant alleged that he was discriminated
against on the bases of sex (male), race (Mexican/Panamanian), color
(Brown), national origin (Mexican/Panamanian), age (52), disability
(actual or perceived paranoid personality disorder), and reprisal (prior
EEO activity under Title VII of the Civil Rights Act of 1964) when:
1. on November 13, 1991, he was removed from his position on the workroom
floor and sent to the superintendent's office, where he was threatened
with an emergency suspension for unsatisfactory work performance because
he had disobeyed an order from his supervisor to clear the full letter
bins;
2. on August 10, 1992, he was abused by the Supervisor, Distribution
Operations (SDO-1), who called him a �wacko� and then subjected him to a
work environment of emotional hostility and mental cruelty on September
1, 1992, when SDO-1 told him to leave the supervisor's swing room after
complainant approached him there and told him that he was taking a break;
3. on November 10, 1993, he received a Letter of Warning from SDO-2 for
�Unsatisfactory Conduct � Leaving Work Without Permission/Absent Without
Official Leave� based upon an incident which occurred on October 27, 1993,
when complainant went home without notifying his immediate supervisor
after an employee yelled at him and a second-line supervisor (SDO-2)
did not remedy the situation; and
4. on April 26, July 5, and July 13, 1994, he experienced a hostile work
environment and was harassed when SDO-2 and the Manager of Distribution
allegedly made humiliating comments to him in public, which they then
denied doing. He also charged that they failed to reasonably accommodate
his disability on July 5 and July 13, 1994.
In the request, complainant's representative states that he never received
a copy of the agency's brief in opposition to complainant's appeal.
The request also reiterates the arguments previously presented on appeal,
including that the Administrative Judge erred in issuing Findings and
Conclusions Without a Hearing, that complainant is a qualified individual
with a disability, and that he was subjected to a hostile environment
because of offensive remarks by supervisors.
However, after a review of the complainant's request for reconsideration,
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 therefore the decision of the Commission to deny the request.
The decision in EEOC Appeal No. 01964951 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request for reconsideration.
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
May 18, 2001
Date
1It appears that complainant's first and middle names were transposed
in the record below.