Monica Gist, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 20, 2000
05a00524 (E.E.O.C. Oct. 20, 2000)

05a00524

10-20-2000

Monica Gist, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Monica Gist v. United States Postal Service

05A00524

October 20, 2000

.

Monica Gist,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00524

Appeal No. 01991361

Agency No. 1K-221-1023-96

Hearing No. 100-97-7127X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Monica

Gist v. United States Postal Service, EEOC Appeal No. 01991361 (February

16, 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).

The underlying complaint alleged that complainant was discriminated

against based on her race (Black) and sex (female) when, on February 28,

1996, she was terminated by her supervisor (also Black, female) during

her probationary period for unsatisfactory attendance. Following a

hearing, an EEOC Administrative Judge (AJ) found no discrimination, and

his findings and conclusions were adopted in the final agency decision

(FAD), which was affirmed in our prior decision.

In her request for reconsideration, complainant contends, inter alia,

that her attendance was superior to that of a comparison employee outside

her protected class. Complainant also contends that the AJ placed

undue weight on complainant's failure, when asked at the hearing about

her belief as to her supervisor's motives, to attribute her termination

to discrimination. Complainant notes that on redirect examination she

did cite discrimination as an alleged motive. In addition, complainant

disputes the AJ's findings, see Hearing Transcript at 220-224, regarding

whether she satisfied her burden to prove that the agency's proffered

legitimate reasons were a pretext for discrimination.

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. 01991361 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

October 20, 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.