05a00873_05a00884
01-12-2001
John A. Moore v. United States Postal Service
05A00873 & 05A00884
01-12-01
.
John A. Moore,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request Nos. 05A00873
05A00884
Appeal Nos. 01995413
01997114
Agency Nos. 4-H-350-1200-96
4-H-350-0006-98
Hearing Nos. 130-98-8087X
130-98-8290X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in John
A. Moore v. William J. Henderson, Postmaster General, United States
Postal Service, EEOC Appeal Nos. 01995413 and 01997114 (May 5, 2000).<1>
EEOC regulations provide that the Commission may, in the exercise of
its discretion, grant a request for reconsideration if the party making
the request demonstrates that the appellate decision involved a clearly
erroneous interpretation of material fact or law, or that the decision
will have a substantial impact on the policies, practices, and operations
of the agency. 29 C.F.R. � 1614.405(b). After reviewing the record
in its entirety, including complainant's request for reconsideration
and the agency's response, we find that complainant's request does
not satisfy either criterion for reconsideration, and accordingly,
the request is denied. The decision of the Commission in EEOC Appeal
Nos. 01995413 and 01997114 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this 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
_____01-12-01_____________
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.