05a01091
11-30-2000
Donna L. Wozniak v. United States Postal Service 05A01091 11-30-00 .Donna L. Wozniak, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Donna L. Wozniak v. United States Postal Service
05A01091
11-30-00
.Donna L. Wozniak,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A01091
Appeal No. 01974160
DENIAL OF REQUEST FOR RECONSIDERATION
On July 29, 2000, Donna L. Wozniak (hereinafter referred to as
complainant) initiated a request to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Donna L. Wozniak
v. William J. Henderson, Postmaster General, United States Postal Service,
EEOC Appeal No. 01974160 (June 29, 2000).<1> EEOC Regulations provide
that the Commission may, in its discretion, reconsider any previous
decision where the party demonstrates that: (1) the previous decision
involved a clearly erroneous interpretation of material fact or law;
or (2) the decision will have a substantial impact on the policies,
practices, or operation of the agency. 29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds
that complainant's request does not meet the criteria in 29 C.F.R. �
1614.405(b). Therefore, it is the decision of the Commission to deny
complainant's request. The decision in EEOC Appeal No. 01974160 (June
29, 2000) remains the Commission's final decision. There is no further
right of administrative appeal on a decision of the Commission on this
Request for Reconsideration.
STATEMENT OF RIGHTS ON 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
____11-30-00______________________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify
that the decision was mailed to claimant, claimant's representative
(if applicable), and the agency on:
_________________________
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.