Joshua Williams, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 22, 2000
05a00377_r (E.E.O.C. May. 22, 2000)

05a00377_r

05-22-2000

Joshua Williams, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Joshua Williams, )

Complainant, )

)

v. ) Request No. 05A00377

) Appeal No. 01992851

William J. Henderson, ) Agency No. 1-J-607-0132-98

Postmaster General, )

United States Postal Service, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On February 22, 2000, complainant initiated a request to the Equal

Employment Opportunity Commission to reconsider the decision in Williams

v. United States Postal Serv., EEOC Appeal No. 01992851 (Jan. 28,

2000).<1> The Commission, in its discretion, may grant a party's

request to reconsider a decision issued under the regulation set forth

at 64 Fed. Reg 37,644, 37,659 (1999) (to be codified as 29 C.F.R. �

1614.405(a)), if the party 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.

64 Fed. Reg 37,644, 37,659 (1999) (to be codified as and hereinafter

cited as 29 C.F.R. � 1614.405(b)).

After a review of complainant's request for reconsideration, the previous

decision, and the entire record, the Commission finds that 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.

The decision of the Commission in EEOC Appeal No. 01992851 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.

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:

May 22, 2000

________________ ______________________________

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_____________________ _________________________ 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.