05a60628
05-25-2006
Robert L. Pott, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.
Robert L. Pott,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Great Lakes Area),
Agency.
Request No. 05A60628
Appeal No. 01A46017
Agency No. 4I-630-0051-00
DENIAL
Complainant timely requested reconsideration of the decision in Robert
L. Pott v. United States Postal Service, EEOC Appeal No. 01a46017 (March
3, 2006). 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 alleged discrimination in violation of Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.,
the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq., and Section 501 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. � 791 et seq., on the bases of sex (male),
disability (right knee) and age (D.O.B. 1/12/56) when: (1) on December 13,
1999, he was refused copies of his Form 3996s; and (2) on December 15,
1999, he was told he could no longer mark parcels at his letter case and
should take the parcels to his vehicle to organize them. The Commission
affirmed the agency's final order, as it found that the Administrative
Judge's issuance of a decision without a hearing was appropriate and
a preponderance of the evidence did not establish that discrimination
occurred.1
In his request for reconsideration, complainant alleged that the AJ erred
in issuing a decision without a hearing. Complainant further alleged
that the AJ erred in finding that he had not been discriminated against,
and requested that the case either be reversed or remanded to the AJ
for a good faith investigation and a hearing. The agency responded
to complainant's request, urging the Commission to deny the request
as complainant has not brought forth any new argument or submitted new
documentation not previously considered by the Commission.
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. The decision in EEOC Appeal No. 01a46017 remains the
Commission's final 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 (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
_____5-25-06_____________
Date
1 In its analysis, the Commission assumed, for analytical purposes only,
that complainant was an individual with a disability as alleged.
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05A60628
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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05A60628