0520100427
07-30-2010
Tawana S. Gross, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.
Tawana S. Gross,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Great Lakes Area),
Agency.
Request No. 0520100427
Appeal No. 0120092729
Agency No. 4J-530-0047-09
DENIAL
Complainant timely requested reconsideration of the decision in Tawana
S. Gross v. U.S. Postal Serv., EEOC Appeal No. 0120092729 (May 14, 2010).
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).
BACKGROUND
Complainant alleged, in her initial complaint, that: (1) another employee
(a White female) replaced her as Assistant Bulk Mail Technician and
was sent to Oklahoma for training, while Complainant only received
on-the-job training. Complainant also alleged that: (2) the Postmaster,
in response to her inquiry about the suggestions she submitted under the
Agency's eIDEA program, made a sarcastic remark ("I was going to give
you $1000 but instead here") and handed her a copy of letter from the
Agency informing management officials that employee awards spending was
being suspended, effective February 28, 2009, due to financial reasons.
The Agency dismissed Complainant's first claim, among other reasons,
on the grounds of untimely counselor contact and dismissed Complainant's
second claim on the grounds that it failed to state a claim. On appeal,
the Commission affirmed the FAD.
ANALYSIS AND FINDINGS
Complainant failed to raise any arguments in her Request for
Reconsideration concerning the previous decision. Complainant merely
reargued the merits of her claim. For example, with respect to her first
claim, Complainant maintained that she was never given the opportunities
that the white female who replaced her was given. Complainant, however,
offered no evidence to suggest that the previous decision involved a
clearly erroneous interpretation of material facts or law or that the
decision will have a substantial impact on the policies, practices or
operations of the Agency.
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. 0120092729 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
__7/30/10________________
Date
2
***Request number TX***
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100427