0520090431
07-14-2009
Stephen R. Cook, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southwest Area), Agency.
Stephen R. Cook,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Request No. 0520090431
Appeal No. 0120064820
Hearing No. 450-2006-00011X
Agency No. 4G-760-0205-05
DENIAL
Complainant timely requested reconsideration of the decision in Stephen
R. Cook v. United States Postal Service, EEOC Appeal No. 0120064820 (March
20, 2009).1 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 filed a complaint alleging discrimination based on
disability (neck/back) when, in August 2005, the agency did not offer to
reappoint him to another year-long term as a Temporary Relief Carrier.
After an investigation, complainant requested a hearing before an EEOC
Administrative Judge (AJ). On July 13, 2006, the assigned AJ issued a
decision without a hearing that found no discrimination. Among other
things, the record indicated that, in July 2005, management determined,
based on complainant's medical restrictions, that he was not able to
perform the full duties of a carrier, nor would he be able to perform
other work at the facility. The prior decision found that, even if
complainant established a prima facie case of disability discrimination,
the agency articulated legitimate, non-discriminatory reasons for its
actions and complainant did not demonstrate pretext.
In his request to reconsider, complainant, for the most part,
merely expressed his disagreement with the prior the decision.
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. 0120064820 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 (P0408)
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 (Z1008)
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
____07/14/09______________
Date
1Although complainant was represented by an attorney when he filled his
initial appeal, his reconsideration request was submitted by his wife.
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0520090431
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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