0520120345
12-07-2012
Patricia A. Olds, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Northeast Region), Agency.
Patricia A. Olds,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Northeast Region),
Agency.
Request No. 0520120345
Appeal No. 0120112042
Agency No. 4B-140-0002-04
DENIAL
Complainant timely requested reconsideration of the decision in Patricia A. Olds v. U.S. Postal Service, EEOC Appeal No. 0120112042 (February 22, 2012). 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).
On October 9, 2003, Complainant initiated EEO Counselor contact, and on November 24, 2003, Complainant filed an EEO complaint in which she alleged that the Agency subjected her to discrimination on the basis of age (50 years old) when on July 3, 2003, Complainant was subjected to a hostile work environment (claim 1). Additionally, Complainant also initiated Counselor contact on November 29, 2010, and filed another complaint in which she alleged that the Agency subjected her to age discrimination when on July 27, 2004, the Agency issued Complainant a notice of removal (claim 2).
In its final decision, the Agency dismissed claim 1 on the basis that it was initiated by untimely EEO Counselor contact and, alternatively, on the basis that Complainant untimely filed a formal complaint for claim 1. The Agency dismissed claim 2 on the basis that this matter was initiated by untimely EEO Counselor contact.
In our previous decision, the Commission affirmed the Agency's dismissal of claims 1 and 2 on the basis that both claims were initiated by untimely EEO Counselor contact. In her request for reconsideration, Complainant raises arguments about the merits of her claims and submits documents that she maintains supports her claims.
We note that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
Therefore, after reviewing 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. 0120112042 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 (P0610)
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 (Z0610)
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
December 7, 2012
Date
2
0520120345
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120345