05A20740
07-29-2002
Marion S. Stanley, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Northeast Area), Agency.
Marion S. Stanley v. United States Postal Service (Northeast Area)
05A20740
July 29, 2002
.
Marion S. Stanley,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Northeast Area),
Agency.
Request No. 05A20740
Appeal No. 01A10748
Agency No. 1B-019-0003-98; 1B-019-0014-98
Hearing No. 160-99-8228X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Marion
S. Stanley v. United States Postal Service, EEOC Appeal No. 01A10748
(April 24, 2002). 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 alleged she was discriminated against on the basis of sex,
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., when on September 10, 1997, she was
denied two hours of annual leave, and when she was denied overtime during
the weeks of September 27, October 4, October 25, and December 20, 1997,
and January 31, 1998. Complainant also alleged she was discriminated
against on the bases of sex and reprisal for prior protected EEO activity
when she was forced to work overtime on July 3 and 4, 1998, and when she
was harassed her supervisor when he told her she needed to put her hair up
while working around machines. The EEOC Administrative Judge (AJ) issued
a decision without a hearing finding that complainant failed to meet
her burden of establishing that the agency's actions were motivated by
discriminatory animus. The agency's final agency decision (FAD) adopted
the findings of the AJ. On appeal, the Commission affirmed the FAD.
After a review of the 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. The decision
in EEOC Appeal No. 01A10748 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
July 29, 2002
__________________
Date