0520110604
01-19-2012
Sylvia E. Ragland-Carter, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Eastern Area), Agency.
Sylvia E. Ragland-Carter,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Request No. 0520110604
Appeal No. 0120101272
Hearing No. 530-2008-00096X
Agency No. 1C-192-0013-07
DENIAL
Complainant timely requested reconsideration of the decision in Sylvia
E. Ragland-Carter v. U.S. Postal Service, EEOC Appeal No. 0120101272
(June 29, 2011). 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 our previous decision, the Commission affirmed the final agency
order implementing the decision of the EEOC Administrative Judge (AJ),
issued without a hearing. The AJ determined that Complainant had not
established reprisal discrimination in connection with performance rating
and her alleged non-receipt of a report concerning her job performance.
Complainant subsequently filed the instant request for reconsideration,
which the Agency opposes. We note that Complainant submitted neither
argument nor evidence in support of her request at the time it was
filed. Complainant requested an extension of time in which to file
a supporting brief. Complainant’s request for an extension was
not granted. Rather, Complainant was advised, in the Commission’s
acknowledgment of her request, that by regulation, supporting materials
must be submitted at the time the request is filed. Complainant
nonetheless subsequently filed a supporting statement.
The Commission’s regulations regarding requests for reconsideration
provide, in pertinent part:
A party may request reconsideration within thirty days of receipt of a
decision of the Commission, which the Commission in its discretion may
grant, if the party demonstrates that:
(1) The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
(2) The decision will have a substantial impact on the policies, practices
or operations of the agency.
Unlike the regulation regarding appeals, which expressly provides a
period of time for a complainant to submit a supporting statement after
the notice of appeal is filed, the regulation pertaining to requests
for reconsideration states that the request must demonstrate either
clear error or substantial impact. Cf. 29 C.F.R. § 1614.403(d).
Complainant’s request therefore is considered without regard to
subsequently submitted documentation.
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. 0120101272 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
January 19, 2012
Date
2
0520110604
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110604