Mitzi G. Baker, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.

Equal Employment Opportunity CommissionDec 6, 2000
05a00744 (E.E.O.C. Dec. 6, 2000)

05a00744

12-06-2000

Mitzi G. Baker, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.


Mitzi G. Baker v. United States Postal Service

05A00744

December 6, 2000

.

Mitzi G. Baker,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Great Lakes Area),

Agency.

Request No. 05A00744

Appeal No. 01995495

Agency No. 4J-606-0016-97

Hearing No. 210-98-6136X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Mitzi G. Baker v. United

States Postal Service, EEOC Appeal No. 01995495 (April 18, 2000).<1>

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 her formal complaint, complainant alleged that the agency retaliated

against her when it allegedly delayed the processing of Agency Complaint

No. 4J-606-1176-95 for seventeen months. On May 11, 1999, prior to our

revised regulations taking effect, an EEOC Administrative Judge issued a

Recommended Decision finding no retaliation which the agency adopted as

its final decision. The appellate decision affirmed the agency's final

decision. In her request for reconsideration, complainant has not offered

any material evidence or argument that was not previously considered by

the Commission when it affirmed the agency's final decision.

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. 01995495 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

December 6, 2000

__________________

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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.