05A20889
08-15-2002
John Garrison, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.
John Garrison v. United States Postal Service
05A20889
August 15, 2002
.
John Garrison,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Request No. 05A20889
Appeal No. 01a11160
Agency No. 4F-950-0077-99
Hearing No. 370-A0-X2092
DENIAL OF REQUEST FOR RECONSIDERATION
John Garrison (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in John Garrison v. United States Postal Service, EEOC
Appeal No. 01a11160 (June 11, 2002). EEOC Regulations provide that the
Commission may, in its discretion, 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).
In the underlying decision, complainant, a Mail Processor at the agency's
Fresno Post Office facility, alleged that the agency had discriminated
against him on the basis of disability (Hodgkin's Disease) when he was not
hired for the position of Mail Processor in September 1998. Complainant
applied for the position on August 27, 1998, but due to delays associated
with his medical exam, complainant was not medically cleared for the
position before a hiring freeze went into effect on November 5, 1998.
Complainant alleged the delays were part of a pattern by the agency to
prevent the hiring of individuals with a disabilities.
After a review of complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
request 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. The decision
in EEOC Appeal No. 01a11160 remains the Commission's final decision.
Complainant offers no new probative information on appeal. 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
August 15, 2002
__________________
Date