0520120349
11-30-2012
Levier E. Hunt, Complainant, v. Ray H. LaHood, Secretary, Department of Transportation (Federal Aviation Administration), Agency.
Levier E. Hunt,
Complainant,
v.
Ray H. LaHood,
Secretary,
Department of Transportation
(Federal Aviation Administration),
Agency.
Request No. 0520120349
Appeal No. 0120120620
Agency No. 2011-23969-FAA-02
DENIAL
Complainant timely requested reconsideration of the decision in Levier E. Hunt v. Department of Transportation, EEOC Appeal No. 0120120620 (Mar. 16, 2012). 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).
Our previous decision affirmed the Agency's dismissal of Complainant's formal EEO complaint on the basis of untimely EEO Counselor contact. Complainant alleged that the Agency discriminated against her on the bases of disability and age when it issued her a March 3, 2011, Notice of Unacceptable Performance--Memorandum of Counseling. The Agency dismissed the complaint because Complainant did not contact an EEO Counselor until May 9, 2011, which is beyond the 45-day time limit set by the regulations. In affirming the dismissal, our previous decision noted that Complainant presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO Counselor contact.
In her request for reconsideration, Complainant argues that she contacted an EEO Counselor in a timely manner. She asserts that she made several attempts to contact the appropriate office prior to May 9, 2011, and that she has telephone records showing that the EEO Counselor called her on April 28, April 29, May 2, and May 3, 2011.
We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
Although Complainant asserts that she has telephone records showing that she contacted the EEO Counselor before May 9, 2011, she has not submitted the records with her request and has not explained why she did not submit them on appeal. Moreover, the telephone calls that she says she received from the EEO Counselor in April and May 2011 occurred beyond the 45-day time limit for contacting a Counselor. Complainant has not shown that the previous decision clearly erred in affirming the determination that she did not initiate EEO counseling in a timely manner.
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(b), and it is the decision of the Commission to DENY the request. The decision in EEOC Appeal No. 0120120620 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
November 30, 2012
Date
2
0520120349
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120349