05980135
11-05-1999
Laurie A. Merritt, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Laurie A. Merritt v. United States Postal Service
05980135
November 5, 1999
Laurie A. Merritt, )
Appellant, )
)
v. ) Request No. 05980135
) Appeal No. 01966262
William J. Henderson, ) Agency No. 4-C-450-1073-96
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DECISION ON REQUEST FOR RECONSIDERATION
Appellant timely initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Laurie A. Merritt v. Marvin
T. Runyon, Jr., Postmaster General, United States Postal Service, EEOC
Appeal No. 01966262 (October 20, 1997). EEOC Regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. � 1614.407(a). The party requesting
reconsideration must submit written argument or evidence which tends to
establish one or more of the following three criteria: new and material
evidence is available that was not readily available when the previous
decision was issued, 29 C.F.R. � 1614.407(c)(1); the previous decision
involved an erroneous interpretation of law, regulation or material fact,
or misapplication of established policy, 29 C.F.R. � 1614.407(c)(2); and
the previous decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. � 1614.407(c)(3). For the reasons
set forth below, the Commission denies appellant's request.
Appellant filed a complaint in which she alleged that the agency
discriminated against her on the bases of physical disability (tendinitis,
chronic joint problems) and reprisal (for filing a workers compensation
claim) when:
Management harassed her by forcing her to work outside of her medical
restrictions on April 1-10, 16-17, 24, 26-28, 30, and May 1, 1996;
Management deliberately changed her working hours and treated her
differently from other injured and non-injured employees on April 1-10,
18, 25, 27-28, and May 6, 1996; and
Management tried to intimidate her into writing a false statement
concerning her injury on April 9, 1996.
The agency accepted the complaint, but rejected the reprisal basis because
she had not alleged that the reprisal was due to her participation in
activities protected under the Federal employment discrimination civil
rights statutes. See 42 U.S.C. � 2000e-3(a); 29 U.S.C. � 794a(a)(1). The
previous decision summarily affirmed. In her request for reconsideration,
appellant argues that she has presented new and material evidence that
was not available when the previous decision was issued. In actuality,
however, she raises new issues without ever addressing the findings and
conclusions of the previous decision, in terms of the reconsideration
criteria.
After a review of appellant's request for reconsideration, the
agency's response, the previous decision, and the entire record, the
Commission finds that appellant's request does not meet the criteria
of 29 C.F.R. � 1614.407(c), and it is the decision of the Commission
to deny appellant's request. The decision of the Commission in Appeal
No. 01966262 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.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
November 5, 1999
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations