05a01097
10-11-2000
Valerie F. Downey, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Valerie F. Downey v. United States Postal Service
05A01097
October 11, 2000
.
Valerie F. Downey,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A01097
Appeal No. 01A02996
Agency No. 1F-908-0004-00
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Valerie
F. Downey v. United States Postal Service, EEOC Appeal No. 01A02996
(June 23, 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).
The prior decision affirmed the agency's dismissal of complainant's
complaint for raising the same claim raised in a prior complaint, and for
failing to state a claim. 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. 01A02996
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 11, 2000
__________________
Date
FOR OFO INTERNAL CIRCULATION ONLY
Initial
Date
To: Carlton M. Hadden, Director
Office of Federal Operations
To: Hilda Rodriguez, Director
Appellate Review Programs
Request Number
05A01097
Appeal Number
01A02996
Agency Number
1F-908-0004-00
Hearing Number
THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL:
Title
Name
Initial
Date
Attorney:
Doreen Kaufmann
October 4, 2000
Supervisor:
Mary Jean Moore
Division Director:
Marie Fitzgerald
Complainant(s):
Valerie F. Downey
Agency:
United States Postal Service
Decision:
Denied
Statute(s) Alleged:
Title VII, ADEA, Rehab
Basis(es) Alleged:
RW, AO, GF, NO, OA, HP, OR
Issue(s) Alleged:
A4
Where Discrimination Is Found (Only):
(A) Basis(es) for Finding:
(B) Issues in Finding:
Typist/date/diskette
DK01 / October 4, 2000
Spell Check
YES
Team Proofed
Date
05 CASE DISPOSITION SHEET
Complainant
Agency
Request No.
Cornielus G. Singletary
United States Postal Service
05A01100
Check ALL applicable codes
PROCEDURAL DECISION
No finding by OFO on allegations of discrimination or no discrimination,
or on allegations of breach of settlement agreement or lack of breach
of settlement agreement.
X 3K - Procedural Decision
MERITS DECISION
Must include finding by OFO of discrimination or no discrimination,
or of breach of settlement agreement or lack of breach of settlement
agreement on at least one issue.
? 4A - Merits Decision? 6Q - 01 decision was procedural
? 6R - 01 decision was merits? 6Q - 01 decision was procedural
? 6R - 01 decision was merits? 3L - RTR vacated / remanded ALL of
agency's merits decision
? 3M - RTR reversed / remanded agency's procedural
decision
? 6E - RTR found discrimination
List Basis codes:
List Issue codes:
? 6F - RTR found no discrimination? 6H - RTR affirmed 01 decision
? 6I - RTR reversed 01 decision
? 6J - RTR modified 01 decision (NOTE: if affirmed in
part and reversed in part, then 3M code required)
? 6M - RTR vacated 01 decision (NOTE: 01 decision MUST
be merits and ALL issues vacated)
? 6U - Reconsider on own motion? 6S - RTR found settlement breach
? 6T - RTR found no settlement breach? 6H - RTR affirmed 01 decision
? 6I - RTR reversed 01 decision
? 6J - RTR modified 01 decision
(affirmed in part, reversed in part)
? 6U - Reconsider on own motion? 4H - RTR affirmed FAD
? 4I - RTR reversed FAD
? 4J - RTR modified FAD? 4H - RTR affirmed FAD
? 4I - RTR reversed FAD
? 4J - RTR modified FAD (NOTE: if affirmed in part and
reversed in part, then 3L code required if at least one
issue is remanded)
? 3L - RTR remanded PART of agency's merits decision. If
breach is basis, use of 3L also requires 4I code.
? 3P - Adverse inference? 4Q - Compliance requiredRTR DENIED
Denials require only 3K and 6Q or 6R (above) and 6D and 6N or 6P (below),
for a total of 4 codes, and 4Q if applicable
X 6D - RTR Denied? 4N - RTR affirmed AJ
? 4O - RTR reversed AJ
? 4P - RTR modified AJ
? 4T - AJ issued Summary Judgment decision
? 4U - RTR affirmed AJ Summary Judgment
? 4V - RTR reversed AJ Summary JudgmentX 6N - Failure to meet RTR
criteria
? 6P - Other procedural defect? 3H - RTR denied attorney's fees
? 3I - RTR approved attorney's fees
? 3J - RTR modified attorney's fees
? 4Q - Compliance required on 01OTHER CLOSURE CODES
Do NOT include 3K or 4A codes
? 3C - Duplicate docket #
? 3D - Withdrawal
? 3E - Complaint settled
? 3G - Other letter closure
? 3R - Return to agency for consolidation
? 3S - Return to AJ for consolidation
? 7N - Civil action filed? 4Q - Compliance required on 01
Revised - 2/3/00Appellate Review Program Companion Case Checklist
COMPLAINANT
AGENCY
Appeal/Request/Petition No.
Cornielus G. Singletary
United States Postal Service
05A01100
OPEN
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
CLOSED
CASES (#)
ORADS
STATUS
RELATED
(YES/NO)
ACTIONS
TAKEN
______________________ _______________
ATTORNEY 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.