0520140130
06-10-2014
Complainant v. Eric H. Holder, Jr., Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
Complainant
v.
Eric H. Holder, Jr.,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Request No. 0520140130
Appeal No. 0120130839
Hearing No. 450-2012-00187X
Agency No. P-2011-0902
DENIAL
Complainant timely requested reconsideration of the decision in EEOC Appeal No. 0120130839 (November 22, 2013). 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(c).
The previous decision affirmed the Agency's implementation of an Administrative Judge's (AJ) dismissal of Complainant's EEO complaint on the basis of failure to state a claim. Complainant had filed an EEO complaint on the basis of reprisal when her supervisor filed an allegedly false statement in connection with Complainant's claim submitted to the Office of Workers' Compensation Programs (OWCP). After an investigation, Complainant requested a hearing. The AJ assigned to the matter determined that Complainant's only claim pertained to the supervisor's statement made in connection with the OWCP claim. Finding that it was a collateral attack on another process, the AJ dismissed the claim under 29 C.F.R. � 1614.107(a)(1). The Agency implemented the dismissal, and the previous decision affirmed the Agency's implementation of the AJ's decision.
Complainant filed a request for reconsideration in which she argued that she was subjected to reprisal when her supervisor falsified documentation that she sent to OWCP in reference to Complainant's OWCP claim. The Agency did not file a statement or brief in opposition 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 would have a substantial impact on the policies, practices or operations of the Agency. Complainant did not offer any new argument in support of her request for reconsideration. She did not demonstrate how the previous decision was clearly erroneous with respect to the facts or the law. We note that a "request for reconsideration is not a second appeal to the Commission." E.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive for Part 1614 (EEO MD-110), Chap. 9, �VII.A. (Nov. 9, 1999). Therefore, she has not met the criteria to reconsider the decision.
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(c), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120130839 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
June 10, 2014
Date
2
0520140130
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140130