05990660
05-26-2000
Louis T. Whooper, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Louis T. Whooper v. United States Postal Service
05990660
May 26, 2000
Louis T. Whooper, )
Complainant, ) Request No. 05990660
) Appeal No. 01981428
v. )
)
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On May 3, 1999, the Equal Employment Opportunity Commission (Commission)
received a request from Louis T. Whooper (hereinafter referred to as
complainant) to reconsider the decision in Louis T. Whooper v. William
J. Henderson, Postmaster General, United States Postal Service, EEOC
Appeal No. 01981428 (March 30, 1999). EEOC Regulations provide that
the Commission may, in its discretion, reconsider any previous decision
where the party demonstrates that: (1) the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2)
the decision will have a substantial impact on the policies, practices,
or operation of the agency. 64 Fed.Reg. 37,644, 37,659 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. � 1614.405(b)).<1>
After a review of complainant's request for reconsideration, the agency's
response thereto, the previous decision, and the entire record, the
Commission finds that complainant's request does not meet the criteria in
29 C.F.R. �1614.405(b). Therefore, it is the decision of the Commission
to deny complainant's request. The decision in EEOC Appeal No. 01981428
(March 30, 1999) remains the Commission's final decision. There is no
further right of administrative appeal on a decision of the Commission
on this Request for Reconsideration.
STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
_05-26-00_________ __________________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify
that the decision was mailed to claimant, claimant's representative
(if applicable), and the agency on:
_________________________ __________________________
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 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at www.eeoc.gov.