Geraldine Ryals, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 19, 2000
05990556 (E.E.O.C. Jul. 19, 2000)

05990556

07-19-2000

Geraldine Ryals, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Geraldine Ryals v. USPS

05990556

July 19, 2000

.

Geraldine Ryals,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05990556

Appeal No. 01980422

Agency No. 1-A-072-0028-97

DISMISSAL OF REQUEST FOR RECONSIDERATION

On March 29, 1999, Geraldine Ryals (complainant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider

the decision in Ryals v. USPS, EEOC Appeal No. 01980422 (February 26,

1999).<1> In 64 Fed. Reg. 37644, 37659 (1999) (to be codified and

hereinafter referred to as 29 C.F.R. �1614.405), EEOC regulations

provide that the Commissioners may, in their discretion, reconsider

any previous decision. 29 C.F.R. �1614.405(b).

The record indicates complainant filed an EEO complaint alleging

discrimination based on reprisal when she was denied training. The agency

dismissed the complaint for failure to timely contact the EEO counselor,

and following complainant's appeal, the previous decision affirmed.

By letter dated October 21, 1999, the agency informed the Commission

that complainant had filed a civil action in the U.S. District Court,

District of Columbia, Docket No. 1:99CVO2014 on July 26, 1999. A review

of the documents indicates that the civil action encompasses the claim

included in the instant complaint and complainant indicates that she

was retaliated against after engaging in protected activity. Further

information from the court indicates that the matter was transferred

to the United States District Court, District of New Jersey, Docket

No. 00-1113 (AMW) on February 29, 2000 and was pending as of July 13,

2000. In accordance with 29 C.F.R. �1614.409 the filing of the civil

action terminates the Commission's processing of this matter.

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 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, Acting Director

Office of Federal Operations

July 19, 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.