Thomas K. Mathai, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 21, 2009
0520090301 (E.E.O.C. May. 21, 2009)

0520090301

05-21-2009

Thomas K. Mathai, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Thomas K. Mathai,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520090301

Appeal No. 0120093097

Hearing No. 450200800172X

Agency No. 1G754000108

DENIAL

Complainant timely requested reconsideration of the decision in Thomas

K. Mathai v. United States Postal Service, EEOC Appeal No. 0120093097

(February 10, 2009). 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 his underlying complaint, complainant alleged that the agency subjected

him to unlawful discrimination, in violation of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq., on the bases

of his race (Asian Indian), national origin (Asian Pacific Islander),

and sex when, on September 13, 2007, he learned that he was not given

retreat rights. The Administrative Judge (AJ) assigned to the case

dismissed the instant claim, pursuant to 29 C.F.R. � 1614.107(a)(2),

for untimely EEO Counselor contact. Specifically, the AJ found that,

although complainant stated that he first suspected that he had been

subjected to discrimination on January 31, 2006, he did not contact an EEO

Counselor until October 2, 2007. The AJ concluded that complainant failed

to present any persuasive arguments or evidence warranting an extension of

the time limit for initiating contact. The agency's final action adopted

the AJ's dismissal and, on appeal, the Commission affirmed the FAD.

In his request for reconsideration, complainant reiterates his contentions

made on appeal. 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. 0120093097 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

May 21, 2009

Date

2

0520090301

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090301