05a00508
10-20-2000
Kathleen R. Tauton, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Kathleen R. Tauton v. United States Postal Service
05A00508
October 20, 2000
.
Kathleen R. Tauton,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00508
Appeal No. 01993306
Agency No. 4-G-760-0147-97
Hearing No. 360-98-8549X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Kathleen
R. Tauton v. United States Postal Service, EEOC Appeal No. 01993306
(February 25, 2000).<1> 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).
The underlying complaint alleges that complainant was discriminated
against based on her national origin (Mexican-American) and sex (female)
when she was terminated for unsatisfactory performance on January 24,
1997, during her probationary period. An EEOC Administrative Judge (AJ)
issued a decision without a hearing finding no discrimination. The AJ's
findings and conclusions were adopted by the final agency decision
(FAD), which was affirmed by our prior decision. In her request for
reconsideration, complainant asserts that she was never told that there
was a problem with her performance until she was terminated. In support
of her request, complainant filed an additional copy of the statement
she submitted to the AJ in opposition to issuance of a decision without
a hearing.
Complainant has not raised any arguments or evidence in support of
her request for reconsideration which were not previously considered
by the Commission. After a review of the 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. 01993306
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
October 20, 2000
__________________
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.