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.