0520090594
09-17-2009
Julie A. Holton,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Request No. 0520090594
Appeal No. 0120080790
Agency No. 4G-752-0200-07
DENIAL
Complainant timely requested reconsideration of the decision in Julie
A. Holton v. United States Postal Service, EEOC Appeal No. 0120080790
(July 10, 2009). 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).
The previous decision dismissed complainant's appeal because it was filed
beyond the thirty-day appeal period specified in 29 C.F.R. � 1614.402(a).
We found that complainant had failed to provide adequate justification
for her late filing. A review of the record shows that the final agency
decision was issued on October 25, 2007, and complainant admitted that
she received the final agency decision on October 29, 2007. Nonetheless,
she filed her appeal on December 4, 2007, which was six days beyond the
regulatory deadline.1 In her request for reconsideration, complainant
does not specifically address our finding that her appeal was untimely
or that her justifications for filing late did not meet the criteria for
the waiver, estoppel or equitable tolling of the time frame. Complainant
simply addresses the merits of her underlying discrimination claim.
Therefore, 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. 0120080790 remains
the Commission's 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
_____9/17/09______________
Date
1 Complainant indicated that, because her elder brother had been
hospitalized with complications from brain cancer October 24 - November
27, 2007, she did not thoroughly read her appeal rights.
??
??
??
??
2
0520090594
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
3
0520090594