05970627
12-04-1998
Lemuel Jackson, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Lemuel Jackson v. United States Postal Service
05970627
December 4, 1998
Lemuel Jackson, )
Appellant, )
)
v. ) Request No. 05970627
) Appeal No. 01964852
William J. Henderson, ) Agency No. 1F941100896
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DECISION ON REQUEST FOR RECONSIDERATION
On March 20, 1997, appellant timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Lemuel
Jackson v. Marvin T. Runyon, Jr., Postmaster General, United States Postal
Service, EEOC Appeal No. 01964852 (February 14, 1997), which he received
on February 22, 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
below, the Commission denies appellant's request.
Appellant filed a complaint in which he alleged that the agency
discriminated against him on the bases of race (black) and reprisal by
issuing him a parking citation for parking in a reserved space. The
agency dismissed his complaint for failure to state a claim, and the
previous decision summarily affirmed. In his request for reconsideration,
appellant appears to be alleging that he suffered emotional distress as
a result of having received the citation.
In order to state a claim under the Commission's regulations, appellant
must show that he is aggrieved, meaning that he suffered an injury with
respect to a term, condition, or privilege of employment for which
there is a remedy. Diaz v. Department of the Air Force, EEOC Request
No. 05931049 (April 21, 1994). Such injury must be direct or personal.
Gaines v. Department of the Air Force, EEOC Request No. 05960851 (February
27, 1998); Taylor v. U.S. Postal Service, EEOC Request No. 05900367
(June 2, 1990).
The record establishes that appellant received a parking citation from
a postal police officer for parking his car in the space reserved for
the employee of the month. Although the ticket contains standard form
language indicating that parking violations may lead to disciplinary
action, there are no indications that appellant was fined or that any
personnel action was ever initiated against appellant on account of
the violation. Appellant has therefore not established that he has, in
fact, suffered an injury with respect to a term, condition or privilege
of employment. Appellant's allegation likewise cannot be converted
into a claim simply because he requested compensatory damages as a
remedy. Ulanoff v. United States Postal Service, EEOC Request No. 05950396
(January 26, 1996). We therefore find that the agency properly dismissed
appellant's parking ticket allegation for failure to state a claim.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds 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. 01964852 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:
DEC 4, 1998
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat