Linda K. Farnsworth, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionJul 29, 2004
05a40873 (E.E.O.C. Jul. 29, 2004)

05a40873

07-29-2004

Linda K. Farnsworth, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Linda K. Farnsworth v. United States Postal Service

05A40873

7/29/04

.

Linda K. Farnsworth,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A40873

Appeal No. 01A33530

Agency Nos. 1D-241-0010-01, 1D-241-0030-01

Hearing Nos. 120-2002-01492X, 120-2003-00027X

DENIAL OF REQUEST FOR RECONSIDERATION

Linda K. Farnsworth (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Linda K. Farnsworth v. United States Postal Service,

EEOC Appeal No. 01A33530 (April 22, 2004). 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).

Complainant filed a formal complaint alleging discrimination on the

bases of race (Caucasian), sex (female), and reprisal (prior EEO

activity) when: (1) she was subjected to a hostile work environment;

(2) on July 25, 2001, she received a letter stating her position was

abolished and (3) on August 16, 2001, her work location was changed.

After an investigation into the complaints, complainant requested

a hearing before an EEOC AJ. The AJ found no dispute of material

fact, and proceeded to issue a decision without a hearing. The agency

implemented the decision in its final order, and complainant appealed.

We affirmed the agency's final order.

In her request for reconsideration, complainant states that there were

deficiencies in the Report of Investigation, and challenged the AJ's

decision to issue a Summary Judgement decision. After a careful review

of 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. Complainant failed to establish

that the prior decision involved a clearly erroneous interpretation of

material law or fact. Indeed, complainant failed to establish there

was any dispute of material fact such that a hearing was necessary.

Although complainant contends that the agency failed to interview her

witnesses, she failed to identify what the witnesses would proffer.

The decision in EEOC Appeal No. 01A33530 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

7/29/04

Date