0520110310
05-10-2011
Leah S. Cranfield, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Leah S. Cranfield,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Request No. 0520110310
Appeal No. 0120103119
Agency No. ATL100600SSA
DENIAL
Complainant timely requested reconsideration of the decision in Leah
S. Cranfield v. Social Security Administration, EEOC Appeal No. 0120103119
(January 25, 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).
The previous decision found that the Agency properly dismissed
Complainant’s complaint for failure to state a claim of discrimination
on the bases of race (Caucasian), religion (not specified), and reprisal
for prior protected EEO activity when:
1. on April 30, 2010, management cautioned her about going shopping with
her subordinates and giving gifts to them;
2. on May 11, 2010, her technician advised her that she wanted
Complainant’s supervisor to attend her mid-year review when Complainant
conducted the meeting. Additionally, on May 14, 2010, Complainant
discovered while preparing for the mid-year discussion that her name
had been removed as the technician’s rating official.
3. she questioned the procedure for overtime for the technician.
When Complainant brought this to management’s attention, she was
advised that the technician did not have to follow this procedure,
but afterwards another supervisor confirmed to Complainant that her
technician followed the overtime procedure that Complainant questioned.
The previous decision declined to consider as part of her complaint
new incidents that Complainant described for the first time in her
appellate brief.
In her request to reconsider, Complainant again attempts to demonstrate
that her allegations were sufficient to state a viable claim by offering
several incidents that were not included in her formal complaint.
In this case, we find that the previous decision properly considered
only the incidents alleged in the formal complaint and not raised on
appeal for the first time. The previous decision properly determined
that Complainant did not establish a claim of harassment nor did she
show that she suffered harm to a term, condition or privilege of her
employment. With respect to Complainant’s allegation that she was
subjected to reprisal, the previous decision properly determined that
the alleged incidents were not reasonably likely to deter Complainant
or others from engaging in protected EEO activity. Finally, like the
previous decision, we advise Complainant to contact an EEO counselor
if she wishes to pursue her claims of discrimination involving the new
incidents, such as receiving a lesser monetary award than other similarly
situated employees, and her suspension from work without pay.
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. 0120103119 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
___5/10/11_______________
Date
2
0520110310
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110310