0520100046
11-20-2009
Valerie Hamm, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Valerie Hamm,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520100046
Appeal No. 0120092553
Agency No. 4C-080-0029-09
-
DENIAL
Complainant timely requested reconsideration of the decision in Valerie
Hamm v. U.S. Postal Service, EEOC Appeal No. 0120092553 (September
17, 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 its initial decision, the Commission affirmed the agency's final
decision dismissing complainant's formal complaint on the grounds of
untimely EEO Counselor contact. In her request, complainant reiterates
previously raised arguments that are unrelated to the issue of her
untimely EEO Counselor contact.
Upon review of the record, we find that our initial decision properly
affirmed the agency's final decision. The Commission's initial decision
properly noted that "the alleged discriminatory event occurred in July
2008, but complainant did not initiate contact with an EEO Counselor
until January 27, 2009, which is beyond the forty-five (45) day limitation
period" and that "an EEO poster containing the relevant time limitations
was posted in the facility where complainant was employed." We remind
complainant that a "request for reconsideration is not a second appeal
to the Commission." Equal Employment Opportunity Management Directive
110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9.
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. 0120092553 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
November 20, 2009____
Date
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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