Sylvia Y. Vega, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, (Allegheny Area) Agency.

Equal Employment Opportunity CommissionDec 6, 2000
05a00518 (E.E.O.C. Dec. 6, 2000)

05a00518

12-06-2000

Sylvia Y. Vega, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Allegheny Area) Agency.


Sylvia Y. Vega v. United States Postal Service

05A00518

December 6, 2000

.

Sylvia Y. Vega,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

(Allegheny Area)

Agency.

Request No. 05A00518

Appeal No. 01991874

Agency No. 1C-151-0060-97

Hearing No. 170-98-8146X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Sylvia Y. Vega v. United

States Postal Service, EEOC Appeal No. 01991874 (March 6, 2000).<1>

EEOC Regulations provide that the Commission may, in its discretion,

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 her formal complaint, complainant alleged she was discriminated

against on the bases of race (White), sex (female), and age (63 years)

when she was denied her Economic Value Added bonus check for fiscal

year 1996. The appellate decision affirmed an EEOC Administrative

Judge's post hearing finding of no discrimination. In her request for

reconsideration, complainant has not presented any evidence or argument

that was not previously considered by the Commission when we affirmed

the agency's final decision. The Commission acknowledges complainant's

documentation that she was still on the rolls and in active status at the

end of fiscal year 1996 contrary to the Administrative Judge's finding.

However, the preponderance of the evidence does not establish that

management's decision to deny complainant her bonus was motivated by

discriminatory animus.

After a review of the complainant's request for reconsideration, 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. 01991874 remains the Commission's final decision.

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

December 6, 2000

__________________

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply

to all federal sector EEO complaints pending at any stage in the

administrative process. Consequently, the Commission will apply

the revised regulations found at 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.