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.