05a50227
02-10-2005
Janet D. James v. Department of the Navy
05A50227
February 10, 2005
.
Janet D. James,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A50227
Appeal No. 01A43969
Agency No. 02-00183-092
Hearing No. 120-2003-00276X
DENIAL
Janet D. James (complainant) timely requested reconsideration of the
decision in Janet D. James v. Department of the Navy, EEOC Appeal
No. 01A43969 (October 19, 2004). 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).
In the underlying complaint, complainant alleged that the agency
discriminated against her in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
Specifically, complainant contended that she was discriminated against
on the bases of race (Black) and sex (female) when she was not selected
for an Admissions and Dispositions Supervisor, GS-0303-07, position,
Vacancy Announcement Number E0303-BJM.
On April 15, 2004, an EEOC Administrative Judge (AJ) issued a decision
without a hearing in the agency's favor. The agency's final decision
(FAD) dated May 26, 2004, adopted the AJ's finding of no discrimination
and our prior appellate decision affirmed this finding. In her request
for reconsideration, complainant asserts that the Commission erred in
accepting the AJ's ruling.
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. In reaching this conclusion, we note that complainant
fails to demonstrate that our prior decision involved a clearly erroneous
interpretation of material fact or law, or will have a substantial impact
on the policies, practices or operations of the Commission. Based on
the foregoing, the decision in EEOC Appeal No. 01A43969 remains the
Commission's final 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 (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
February 10, 2005
__________________
Date