05A20411
05-09-2002
Miguel B. Torres, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Miguel B. Torres v. United States Postal Service
05A20411
May 9, 2002
.
Miguel B. Torres,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05A20411
Appeal No. 01997251
Agency No. 4F950016998
DENIAL OF REQUEST FOR RECONSIDERATION
Miguel B. Torres (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Miguel B. Torres v. United States Postal Service, EEOC
Appeal No. 01997251 (January 16, 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).
In the underlying complaint, complainant alleged that he was discriminated
against on the bases of his race (Hispanic), color (brown), religion
(Catholic), sex (male), national origin (Mexican-American), reprisal
(filing prior EEO complaints), disability (left leg and wrist injuries),
and age (date of birth August 25, 1953) when:
(1) On May 9, 1998, his supervisor (S1) called complainant the �lousiest
son of a bitch,� and then after complainant said he would complain,
she stated �Your word against mine. You can take me to court, I don't
give a damn. You're so miserable, I hope you die in your misery�;
On May 12, 1998, S1 referred complainant to the Employee Assistance
Program (EAP);
On May 15, 1998, after complainant was injured on the job, the
Officer-In-Charge (OIC) refused to allow him to see his own doctor, and
gave complainant a direct order to go to the postal contract doctor; and,
On May 20, 1998, S1 denied overtime to complainant, and S1 gave a work
assignment to another carrier not on the Overtime Desired List (ODL).
In his request for reconsideration, complainant primarily restates
arguments made below.<1> After a 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. The decision in EEOC Appeal No. 01997251
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
May 9, 2002
__________________
Date
1 Complainant contends that the basis of
reprisal was not addressed. However, reprisal was addressed along with
the other alleged purviews. See Miguel B. Torres v. United States Postal
Service, EEOC Appeal No. 01997251 (January 16, 2002), p. 2 (�complainant
failed to establish a prima facie case of discrimination on any of the
alleged bases because ... �).