0520110582
12-30-2011
Julie E. Pearson, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Julie E. Pearson,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520110582
Appeal No. 0120111245
Hearing No. 440-2010-00096X
Agency No. 200J-0550-2009-100529
DENIAL
Complainant timely requested reconsideration of the decision in Julie
E. Pearson v. Department of Veterans Affairs, EEOC Appeal No. 0120111245
(June 6, 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).
We note that on July 11, 2011, after the Commission issued the previous
decision, Complainant filed a civil action, Civil Action No. 2:11-cv-2166,
in the U.S. District Court for the Central District of Illinois. Therein,
Complainant raises the same claims of a hostile work environment based
on sex and reprisal that she raised in her EEO complaint, which is the
subject of the instant request for reconsideration.
The regulation found at 29 C.F.R. 1614.409 provides that the filing of a
civil action “shall terminate Commission processing of the appeal.”
Commission regulations mandate dismissal of the EEO complaint under these
circumstances so as to prevent a complainant from simultaneously pursing
both administrative and judicial remedies on the same matters, wasting
resources, and creating the potential for inconsistent or conflicting
decisions, and in order to grant due deference to the authority of the
federal district court. See Stromgren v. Dep’t of Veterans Affairs,
EEOC Request No. 05891079 (May 7, 1990); Sandy v. Dep’t of Justice,
EEOC Appeal No. 01893513 (Oct. 19, 1989); Kotwitz v. U.S. Postal Serv.,
EEOC Request No. 05880114 (Oct. 25, 1988).
Accordingly, Complainant's request for reconsideration is DENIED. The
decision in EEOC Appeal No. 0120111245 remains the Commission’s decision
in this matter. 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
December 30, 2011
Date
2
0520110582
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013