05a10124
03-16-2001
Rose Martin, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Rose Martin v. United States Postal Service
05A10124
March 16, 2001
.
Rose Martin,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10124
Appeal No. 01974239
Agency Nos. 1E-891-1020-96
1E-891-0004-97
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Rose
Martin v. United States Postal Service, EEOC Appeal No. 01974239 (July
8, 1998). By regulation, requests for reconsideration must be filed
within 30 calendar days after the party receives our previous decision.
29 C.F.R. �1614.405(b). A document is timely if it is received or
postmarked before the expiration of the applicable filing period, or, in
the absence of a legible postmark, is received by mail within five days of
the expiration of the applicable filing period. 29 C.F.R. �1614.604(b).
The previous decision was received by complainant on July 22, 1998.
The decision informed the complainant of her right to request
reconsideration, the regulatory time limit to do so, and the EEOC
address where the request should be sent. Complainant's request for
reconsideration was filed on July 5, 2000, more than a year beyond the 30
calendar day limitation period. Complainant has not submitted adequate
argument or evidence to justify her delay.
Accordingly, complainant's request for reconsideration is untimely
and is DENIED. The Commission's decision in EEOC Appeal No. 01974239
remains the Commission's final decision in this matter. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
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
March 16, 2001
__________________
Date