0520090173
02-10-2009
John M. DeMaggio, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Capital Metro Region), Agency.
John M. DeMaggio,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Capital Metro Region),
Agency.
Request No. 0520090173
Appeal No. 0120070146
Hearing No. 100-2004-00301X
Agency No. OIGEEO0303
DENIAL
Complainant timely requested reconsideration of the decision in John
M. DeMaggio v. United States Postal Service, EEOC Appeal No. 0120070146
(November 6, 2008). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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 requesting reconsideration, complainant argues that our previous
decision erred when it stated that complainant did not submit an appeal
statement to the Commission. A review of the appellate record indicates
that complainant timely submitted a statement on appeal. Nonetheless,
after reviewing complainant's appellate and reconsideration statements,
we find that the appellate decision's error was harmless.
Accordingly, after reconsidering 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. 0120070146 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
__February 10, 2009________________
Date
2
0520090173
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090173