05990433
09-10-1999
Theresa E. Brown, Appellant, William J. Henderson, Postmaster General, United States Postal Service, Agency.
Theresa E. Brown v. United States Postal Service
05990433
September 10, 1999
Theresa E. Brown, )
Appellant, )
) Request No. 05990433
) Appeal No. 01970185
) Agency No. 1-D-213-1103-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 1, 1999, Theresa E. Brown, (appellant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Brown v. USPS, EEOC Appeal No. 01970185 (January 22,
1999). Appellant received the previous decision on February 3, 1999. EEOC
Regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); and the previous decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3). Appellant's request is denied.
The record indicates that appellant contacted an EEO counselor
complaining of discrimination based on sex, age and reprisal when the
injury compensation specialist failed to carry out his responsibilities
and she was forced to use sick leave for an on the job injury. The record
indicates that appellant was sent her notice of final interview for which
she signed on June 20, 1996. Appellant filed her formal complaint which
was dated July 12, 1996 and received by the agency on July 15, 1996.
Thereafter the agency dismissed the complaint for failure to timely
file the formal complaint and appellant appealed to the Commission. The
previous decision affirmed the agency's decision without substantive
comment.
In her request for reconsideration, appellant argues that she did not
receive the notice of final interview until July 12, 1996 and submits a
signed copy as "proof." The Commission is not persuaded by appellant's
arguments. First, because the notice of final interview was mailed to
appellant, the date appellant entered her signature is not evidence of
when she received it. Rather, the record indicates that the cover letter
with the notice included the number of the certified mail, and the record
contains a green card with appellant's signature, the June 20, 1996 date,
as well as the appropriate certified number. As such, the Commission is
convinced that appellant received the notice on June 20, 1996. Thus, her
complaint dated July 12, 1996 was untimely filed. 29 C.F.R. �1614.107(b).
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(a), and it is the
decision of the Commission to deny appellant's request. The decision
in EEOC Appeal No. 01970185 remains the Commission's final decision
in this matter. There is no further right of administrative appeal from
a decision of the Commission on a request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Sept. 10, 1999
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat