05971017
10-14-1999
Ramona L. Martinez, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Ramona L. Martinez v. United States Postal Service
05971017
October 14, 1999
Ramona L. Martinez, )
Appellant, )
)
v. ) Request No. 05971017
) Appeal No. 01966172
) Agency No. 4F-950-1070-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On August 15, 1997, Ramona L. Martinez (hereinafter referred to as
appellant) initiated a request to the Equal Employment Opportunity
Commission (EEOC) to reconsider the decision in Martinez v. United States
Postal Service, EEOC Appeal No. 01966172 (July 22, 1997). EEOC Regulations
provide that the Commissioners may, in their discretion, reconsider
any previous Commission decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); and the previous decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3). Appellant's request is denied.
Appellant filed a formal EEO complaint on May 8, 1996 alleging that
she was discriminated against on the basis of sex (female) when the
postmaster allegedly failed to respond to her when she asked him what
action he was taking against a supervisor (S-1) who conducted an allegedly
unauthorized investigation concerning an incident between appellant and
another female employee. On August 2, 1996, the agency issued a final
agency decision (FAD) which found that appellant failed to state a claim
because she had not alleged any specific harm which resulted from the
incident. The previous decision affirmed the FAD without substantive
comment.
In order to state a claim under the Commission's regulations, appellant
must show that she is aggrieved, meaning that she suffered a direct
and personal injury with respect to a term, condition, or privilege of
employment for which there is a remedy. Diaz v. Department of the Air
Force, EEOC Request No. 05931049 (April 21, 1994); Gaines v. Department
of the Air Force, EEOC Request No. 05960851 (February 27, 1998).
In her request for reconsideration, appellant contends that agency
policy required that all complaints made by employees be investigated
and necessary action taken as needed. Appellant requests that
harassment against her stop. Appellant also appears to state that
the agency improperly assigned two different case numbers to the
same complaint. Here, appellant is apparently referring to another
complaint,#4F-950-1002-96, involving incidents of alleged harassment
by S-1 in September 1995 and, among other things, the agency's alleged
failure to take adequate action. A final agency decision was also issued
in this case and an appeal is currently pending before the Commission
(#01971370). In the case herein, we find that appellant failed to show
the manner in which she was aggrieved by the postmaster's alleged
failure to respond to her inquiry regarding his proposed discipline
against S-1. After a review of appellant's request for reconsideration,
the previous decision and the entire record, the Commission finds that
appellant's request does not meet the criteria of 29 C.F.R. � 1614.407(c),
and it is the decision of the Commission to deny appellant's request.
Appellant has failed to show the manner in which she was aggrieved by
the agency official's alleged action. The decision of the Commission
in Appeal No. 01966172 remains the Commission's final decision. There
is no further right of administrative appeal from the decision of the
Commission on this request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Oct. 14, 1999
______________ ______________________
DATE Frances M. Hart
Executive Officer
Executive Officer