Vanessa K. Henningfeld, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 22, 2000
05a00716 (E.E.O.C. Nov. 22, 2000)

05a00716

11-22-2000

Vanessa K. Henningfeld, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Vanessa K. Henningfeld v. United States Postal Service

05A00716

November 22, 2000

.

Vanessa K. Henningfeld,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A00716

Appeal No. 01995159

Agency No. 4-J-600-0358-98

DENIAL OF REQUEST FOR RECONSIDERATION

Complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Vanessa

K. Henningfeld v. United States Postal Service, EEOC Appeal No. 01995159

(March 30, 2000). By regulation, requests for reconsideration must be

filed within 30 calendar days after the party receives our previous

decision. 29 C.F.R. � 1614.405(b). A document is timely if it is

received or postmarked before the expiration of the applicable filing

period, or, in the absence of a legible postmark, is received by mail

within five days of the expiration of the applicable filing period.

29 C.F.R. � 1614.604(b).

It is noted that the Commission's previous decision included a

Certificate of Mailing indicating that for timeliness purpose, the

Commission will presume that this decision was received within five

(5) calendar days of mailing, which was March 30, 2000. Complainant

filed the request for reconsideration postmarked May 8, 2000, which

was beyond the 30-day time limit. On request for reconsideration,

complainant does not provide adequate justification for extending

the filing period beyond 30 days. Accordingly, complainant's request

for reconsideration is hereby DISMISSED. The decision in EEOC Appeal

No. 01995159 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

November 22, 2000

__________________

Date