05a00379
09-08-2000
Denaora Slaughter, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Southeast/Southwest Region) Agency.
Denaora Slaughter v. USPS
05A00379
September 8, 2000
.
Denaora Slaughter,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Southeast/Southwest Region)
Agency.
Request No. 05A00379
Appeal No. 01975937
Agency No. 4G770163795
Hearing No. 330-96-8078X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Denaora
Slaughter v. USPS, EEOC Appeal No. 01975937 (December 10, 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 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.405(b)).
In the Commission's prior decision, the agency was ordered to conduct a
supplemental investigation on the issue of complainant's entitlement to
compensatory damages. The agency issued a final decision (FAD) on July
16, 1999 finding that as complainant had not submitted any evidence
to substantiate her entitlement to compensatory damages, she was not
entitled to an award
of such damages. Complainant received that FAD on July 20, 1999, and
the Commission's records do not reflect that she filed an appeal.
Complainant's counsel submitted the instant request for reconsideration
in a letter to the Commission dated February 10, 2000. Counsel asserts
that complainant did not receive the Commission's prior decision until
January 18, 2000.
In its comments on the request, the agency notes that complainant not only
received its request for additional information on compensatory damages
in May 1999 pursuant to the Order contained in its prior decision, but
also received its subsequent FAD in July 1999. Accordingly, it argues
that her assertion that she was unaware of the issuance of the prior
decision is �incredulous.� In any event, while complainant sought an
extension until March 16, 2000 to submit documentation regarding her
entitlement to compensatory damages, a review of the compliance file and
case record reveals no new documentation from complainant regarding her
entitlement to compensatory damages.
Initially, we find that complainant's assertion that she did not receive
the Commission's prior decision until January, 2000 does not allow her
to evade her obligation to appeal the agency's July, 1999 FAD by filing
the instant request for reconsideration. Complainant was required
to appeal the agency's FAD to the Commission in order to preserve
her rights to dispute the agency's denial of compensatory damages.
In addition, we note that complainant has not asserted any error
with the Commission's prior decision. Thus, 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 the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01975937
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.
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 ORDEPARTMENT
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
September 8, 2000
__________________
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.