0520070845
09-21-2007
Lasonya P. Zachery, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Lasonya P. Zachery,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520070845
Appeal No. 0120071732
Agency No. 4H300002506
DENIAL
Complainant timely requested reconsideration of the decision in Lasonya
P. Zachery v. United States Postal Service, EEOC Appeal No. 0120071732
(July 16, 2007). 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 the underlying case, complainant alleged that the agency violated
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. �
2000e et seq., when she was discriminated against and subjected to
harassment on the bases of her race (black) and her sex. The agency
issued a final decision finding that complainant failed to establish
that she was discriminated or harassed as she alleged. Complainant
appealed the agency's decision to the Commission. In Lasonya P. Zachery
v. United States Postal Service, EEOC Appeal No. 0120071732 (July 16,
2007, the Commission affirmed the agency's finding of no discrimination.
Complainant filed a request for reconsideration, which is the subject
of this decision at hand.
In her request for reconsideration, complainant requests that the
commission reconsider its decision to dismiss her complaint. We note
that the Commission did not dismiss complainant's appeal, but rather
issued a decision finding that complainant failed to prove that the
actions taken against her by the agency were unlawful discrimination
or harassment. As such, the Commission affirmed the agency's finding
of no discrimination.
With regard to complainant's request for reconsideration, we remind
complainant that a "request for reconsideration is not a second appeal to
the Commission." Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-17 (November 9, 1999). Complainant
has failed to proffer any arguments to show that underlying decision
involved a clearly erroneous interpretation of material fact or law;
or underlying decision will have a substantial impact on the policies,
practices, or operations of the agency. See 29 C.F.R. � 1614.405(b).
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. 0120071732 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 (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
9/21/07
Date
2
0520070845
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0520070845