05a00511
10-31-2000
Thanh Truong, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Thanh Truong v. United States Postal Service
05A00511
October 31, 2000
.
Thanh Truong,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05A00511
Appeal No. 01985562
Agency No. 4F-940-1204-95
Hearing No. 370-96-X2525
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Thanh Truong
v. United States Postal Service, EEOC Appeal No. 01985562 (February
29, 2000), which affirmed the Administrative Judge's finding of no
discrimination in this case.<1> In his complaint, complainant alleged
that he was discriminated against on the bases of race (Asian), national
origin (Vietnam), disability (perceived psychological) and in reprisal for
prior EEO activity, when the agency terminated his employment as a City
Letter Carrier effective June 22, 1995. 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).
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. We note
that nothing submitted in support of this request establishes that the
prior decision involved a clearly erroneous interpretation of law or
fact, or will have a substantial impact on the policies, practices,
or operations of the agency.
Complainant asserts that the Administrative Judge's summary decision was
inappropriate in light of the fact that the parties disputed whether the
responsible management official had knowledge of complainant's prior
EEO activity during the relevant time. Complainant also asserts that
the AJ's decision utilized an erroneous reprisal analysis. We find
that complainant is incorrect in both assertions. First, we note that
complainant requested a decision based on the record and that other
than his bare assertion that the responsible management official had
knowledge of his prior EEO activity, the record provides no support for
the assertion. As to the purported misinterpretation of the reprisal law
by the Administrative Judge, after reviewing the recommended decision, we
find that the Administrative Judge correctly analyzed the reprisal issue.
As a result of the foregoing, the decision in EEOC Appeal No. 01985562
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
October 31, 2000
Date
1 On 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.