05980868
03-04-1999
Barbara Janak, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Barbara Janak v. United States Postal Service
05980868
March 4, 1999
Barbara Janak, )
Appellant, )
)
v. ) Request No. 05980868
) Appeal No. 01975908
William J. Henderson, ) Agency No. 4-G-770-0180-97
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On June 11, 1998, Barbara Janak (appellant) initiated a request to
the Equal Employment Opportunity Commission (EEOC or Commission)
to reconsider the decision in Barbara Janak v. United States Postal
Service, EEOC Appeal No. 01975908 (April 30, 1998). EEOC regulations
provide that the Commissioners may, in their discretion, reconsider any
previous Commission decision. 29 C.F.R. �1614.407(a).
By regulation, requests for reconsideration must be filed within
thirty (30) calendar days of the date on which the party requesting
reconsideration receives the Commission's decision on appeal.
29 C.F.R. �1614.407(b). Requests for reconsideration are deemed filed
on the date received by the Commission, unless postmarked earlier.
Here, appellant received the Commission's decision on appeal on May
7, 1998. The thirtieth day after appellant received the Commission's
decision was Saturday, June 6, 1998. Pursuant to the Commission's
regulations, the time for appellant to file a request for reconsideration
was extended to the next business day, Monday, June 8, 1998. See 29
C.F.R. �1614.604(d). However, appellant's request for reconsideration
was received by the Commission in an envelope postmarked June 11, 1998.
In her request for reconsideration, appellant offers no explanation for
her delay in filing, thereby providing the Commission with no basis upon
which to excuse the delay.
Accordingly, appellant's request for reconsideration is untimely
and is DENIED. The decision in EEOC Appeal No. 01975908 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.
STATEMENT OF RIGHTS
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:
March 4, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat