0520090463
08-03-2009
Nuc T. Nguyen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Nuc T. Nguyen,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520090463
Appeal No. 0120070251
Agency No. 4E-800-0230-05
DENIAL
Complainant timely requested reconsideration of the decision in Nuc
T. Nguyen v. United States Postal Service, EEOC Appeal No. 0120070251
(April 8, 2009). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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 filed a formal complaint on dated August 30, 2005, alleging
discrimination based on national origin (Vietnamese), age (over 40),
disability (back), and reprisal for prior EEO activity when, on June 17,
2005, she was harassed when she was taken off her bid job assignment
and reassigned as a rehabilitation employee from the Ken Caryl Post
Office to the Highlands Ranch Post Office in Littleton, Colorado, and
her begin-tour time was changed from 4:00 a.m. to 3:00 a.m.
The Administrative Judge (AJ) assigned to the case issued a decision
without a hearing finding no discrimination, and the agency issued a
final decision implementing the decision of the AJ. Complainant appealed.
In the prior appellate decision, we found that assuming, arguendo, that
complainant was an individual with a disability, she was not denied
reasonable accommodation for her disability. Further, the appellate
decision found that complainant failed to present sufficient evidence
suggesting that she was subjected to severe and pervasive conduct that
rose to the level of a hostile work environment.
After reconsidering 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. Complainant failed to present any argument or evidence that
would establish that the prior decision involved a clearly erroneous
interpretation of material fact or law. The decision in EEOC Appeal
No. 0120070251 remains the Commission's decision. There is no further
right of administrative appeal on the decision of the Commission on this
request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
August 3, 2009
Date
2
0520090463
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090463