0520070799
09-10-2007
Ex Kano Sams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.
Ex Kano Sams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Request No. 0520070799
Appeal No. 0120071018
Agency No. 4F900016405
DENIAL
Complainant timely requested reconsideration of the decision in Ex Kano
Sams v. United States Postal Service, EEOC Appeal No. 0120071018 (June
14, 2007). 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 review of complainant's request and our previous decision,
the Commission finds that it 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.
Complainant argues that the Commission erred in finding that he had not
recently engaged in protected EEO activity when he had filed grievances
concerning his working conditions. However, the record reflects that
complainant's grievances did not raise the issue of discrimination and
therefore, they are not considered to be protected activity under Title
VII. See Brayman v. Department of the Army, EEOC Appeal No. 0120071479
(July 19, 2007). Complainant's other arguments surrounding his dispatch
duties were already considered in full and do not meet the criteria for
a grant of reconsideration. Therefore, the decision in EEOC Appeal
No. 0120071018 remains the Commission's final 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 (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
____9/10/07______________
Date
2
0520070799
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520070799