0520090409
06-08-2009
Mable Anthony, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Mable Anthony,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090409
Appeal No. 0120090560
Agency No. 4C-720-0115-08
DENIAL
Complainant timely requested reconsideration of the decision in Mable
Anthony v. United States Postal Service, EEOC Appeal No. 0120090560
(March 24, 2009). 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 request to reconsider, complainant's attorney argues that in
regard to the appeal from the agency's final decision, on March 17,
2009, complainant filed a Notice of Intent to Submit a Reply to Agency
Response, indicating the intent to submit a reply on or by April 6, 2009.
Complainant's attorney noted that the Commission did not respond to the
notice or await for complainant's reply; rather, on March 24, 2009, the
Commission issued the prior decision that is the subject of the instant
reconsideration request. Complainant's attorney argues, therefore
that because the Commission did not wait for the reply to consider
complainant's evidence in response to the agency's response, complainant
was left "with no avenue of review save seeking consideration."
However, based on our review of the ensuing argument raised by
complainant's attorney in the reconsideration request, the Commission
determines that these arguments do not have an impact on our earlier
conclusion. The agency properly dismissed the instant formal complaint
for failure to state a claim.
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. 0120090560 remains the
Commission's 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 (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
June 8, 2009
__________________
Date
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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