05a00049
03-30-2000
James Carroll, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (S.E./S.W. Areas), Agency.
James Carroll v. United States Postal Service
05A00049
March 30, 2000
James Carroll, )
Complainant, )
) Request No. 05A00049
v. ) Appeal No. 01986768
) Agency No. 4H-310-1033-97
William J. Henderson, ) Hearing No. 110-98-8016X
Postmaster General, )
United States Postal Service )
(S.E./S.W. Areas), )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On 10/9/99, James Carroll (complainant)initiated a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in James Carroll v. United States Postal Service, EEOC Appeal No. 01986768
(9/17/99).<1> EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter
referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)). The party
requesting reconsideration must submit written argument or evidence which
demonstrates that the appellate decision involved a clearly erroneous
interpretation of material fact or law; or the decision will have a
substantial impact on the policies, practices or operations of the
agency. Complainant's request is denied.
Complainant alleged in his complaint that he was discriminated against
on the bases of race (African-American), when he was removed from the
agency's hiring registry. After a hearing before an EEOC administrative
judge, the AJ issued a recommended decision finding no discrimination.
Specifically, the AJ found that complainant failed to establish a prima
facie case of race discrimination in that he failed to establish that the
individual who removed complainant's name from the hiring registry knew of
complainant's race. Also, complainant failed to prove that the agency's
reasons for removing complainant from its hiring registry was pretext
for race discrimination. The agency maintained that complainant was
disqualified for hiring with the agency due to his failure to establish
a successful work history. For example, he indicated on his application
that he was terminated from employment with the Veteran's Administration
due to work performance, and did not specify any subsequent employment.
Although complainant repeatedly requested reconsideration of the agency's
decision, the decision was not overturned. The agency issued a final
decision adopting the AJ's decision.
The prior decision found no discrimination. In his request for
reconsideration, complainant submits an undated letter from a Veteran's
Administration Adjudication Officer. The letter is entitled, "Employment
Reference," and reports that complainant worked for the agency from
January 23, 1994, until December 30, 1994. It adds that complainant's
performance was satisfactory and that he resigned from the position due
to personal reasons.
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and it is
the decision of the Commission to deny complainant's request. We find no
clear error in the prior decision, since complainant failed to establish
that the individual who removed him from the hiring register was aware
of his race. The decision of the Commission in EEOC Appeal No. 01986768
remains the Commission's final decision. There is no further right of
administrative appeal from a decision of the Commission on a request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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,
March 30, 2000
_______________ ______________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
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.