0520120394
11-29-2012
Sharon L. Cross, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Northeast Area), Agency.
Sharon L. Cross,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Northeast Area),
Agency.
Request No. 0520120394
Appeal No. 0120082829
Agency No. 4B-120-0014-08
DENIAL
Complainant timely requested reconsideration of the decision in Sharon L. Cross v. U.S. Postal Service, EEOC Appeal No. 0120082829 (August 8, 2011). 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).
The previous decision affirmed the Agency's dismissal of Complainant's complaint for failure to state a claim. Complainant had filed an EEO complaint based on sex, age, disability and reprisal when she claimed that her rights to apply for a position in the Agency had been "obstructed." The Agency's dismissal found that the complaint failed to state a claim as it was vague and lacking in specificity. The previous decision found that the Agency's dismissal was proper and should be affirmed.
In her request for reconsideration, Complainant set forth arguments primarily related to another EEO complaint which she filed against the Agency and which is pending before the Commission in EEOC Appeal No. 0120122229. Complainant also argued that she had actually applied for the position in question, and that she had suffered a loss or harm and therefore stated a claim. The Agency did not file any statement of brief in response to Complainant's request for reconsideration.
We find that Complainant's request for reconsideration fails to show that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. Complainant's formal complaint, filed on April 21, 2008, did not allege that she had applied for a specific position and not been selected, rather she had generally alleged that her rights to apply for jobs had been "intentionally obstructed." The Agency's dismissal of the complaint on the basis of failure to state a claim was proper, and the initial decision did not erroneously affirm the dismissal.
After reviewing 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. 0120082829 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 (P0610)
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 (Z0610)
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 29, 2012
Date
2
0520120394
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120394