05990586
03-15-2000
Jack Lee, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jack Lee v. United States Postal Service
05990586
March 15, 2000
Jack Lee, )
Complainant, )
) Request Nos. 05990586 & 05990588
v. ) Appeal Nos. 01982667 & 01982666
) Agency Nos. 1-A-111-0094-97
William J. Henderson, ) 1-A-111-0085-97
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 12, 1999, Jack Lee (complainant) timely initiated requests
to the Equal Employment Opportunity Commission (the Commission) to
reconsider the decisions in Lee v. USPS, EEOC Appeal No. 01982667 (March
12, 1999); and Appeal No. 01982666 (March 8, 1999).<1> EEOC regulations
provide that the Commissioners may, in their discretion, reconsider any
previous decision where the party demonstrates that: (1) the previous
decision involved clearly erroneous interpretation of material fact or
law; or (2) the decision will have a substantial impact on the policies,
practices or operation of the agency. 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).
After a review of complainant's requests to reconsider, the previous
decisions, and the entire records, the Commission finds that complainant's
requests do not meet the criteria of 29 C.F.R. �1614.405(b), and it
is the decision of the Commission to deny complainant's requests.
The decisions of the Commission in Appeal Nos. 01982667 and 01982666
remain the Commission's final decisions. There is no further right of
administrative appeal from a decision of the Commission on a request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 15, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1 On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.