0520120542
10-03-2012
Randy G. Gentry, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Randy G. Gentry,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520120542
Appeal No. 0120121600
Agency No. 4G720007610
DENIAL
Complainant timely requested reconsideration of the decision in Randy G. Gentry v. U.S. Postal Service, EEOC Appeal No. 0120121600 (June 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).
In the underlying case, Complainant alleged he was discriminated against on the bases of his race, disability (mental) and in reprisal for prior EEO activity when on April 30, 2010, he was put in an Emergency Placement in Off Duty Status, and subsequently, he was issued a Notice of Removal effective July 12, 2010. At the completion of the investigation, Complainant requested a hearing before an EEOC Administrative Judge (AJ). The AJ issued a decision, without a hearing, finding that Complainant failed to demonstrate that he was discriminated against as alleged. Complainant filed an appeal to this Commission. In Gentry v. U.S. Postal Service, EEOC Appeal No. 0120121600 (June 22, 2012), the Commission affirmed the AJ's finding that Complainant failed to establish that the Agency discriminated against him as alleged. Complainant filed this request for reconsideration.
In his request for reconsideration, Complainant largely argues that individuals involved with the incident and subsequent dismissal were not worthy of credence. We find that this alone fails to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law; or the appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. Complainant failed to offer any evidence to support his contentions or explain specifically what errors of fact or law were made in the appellate decision.
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. 0120121600 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
___10/3/12_______________
Date
2
0520120542
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120542