Charles E. Day, Jr., Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.

Equal Employment Opportunity CommissionMar 28, 2002
05A20271 (E.E.O.C. Mar. 28, 2002)

05A20271

03-28-2002

Charles E. Day, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.


Charles E. Day, Jr. v. United States Postal Service (Southeast Area)

05A20271

March 28, 2002

.

Charles E. Day, Jr.,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Southeast Area),

Agency.

Request No. 05A20271

Appeal No. 01996219

Agency No. 4-H-320-0169-97

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

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

E. Day, Jr. v. United States Postal Service (Southeast Area), EEOC Appeal

No. 01996219 (September 14, 2001). EEOC Regulations provide that the

Commission may, in its discretion, 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).

Complainant alleged he was discriminated against on the bases of sex

(male), age (D.O.B. August 1, 1953), religion (Seventh Day Adventist),

and in reprisal for prior protected EEO activity, in violation of Title

VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �

2000e et seq., and the Age Discrimination in Employment Act of 1967

(ADEA), as amended, 29 U.S.C. � 621 et seq., when on April 14, 1997, he

was not converted to the career position of part-time flexible carrier.

The final agency decision (FAD) found no discrimination. The Commission

affirmed the FAD, concurring in the finding that while complainant

established a prima facie case on all alleged bases, he failed to show

that the agency's proffered reasons for its actions were mere pretext

to mask discriminatory animus.

In his request for reconsideration, complainant reiterates arguments

made on appeal and contends that the Commission's decision to affirm the

FAD was made in error. We find, however, that complainant adduced no

persuasive evidence to show that his non-conversion to a career position

was a result of discriminatory or retaliatory animus. Therefore,

after a review of the complainant's request for reconsideration, 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. 01996219 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

March 28, 2002

__________________

Date