05a30293
01-06-2003
Linda A. Jefferson, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Linda A. Jefferson v. Social Security Administration
05A30293
1/21/03
.
Linda A. Jefferson,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A30293
Appeal No. 01A14881
Agency No. 00-497-SSA
DENIAL OF REQUEST FOR RECONSIDERATION
Linda A. Jefferson (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Linda A. Jefferson v. Social Security Administration, EEOC
Appeal No. 01A14881 (November 4, 2002). EEOC Regulations provide that
the Commission may, in its discretion, 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).
Complainant filed a formal complaint alleging discrimination on the basis
of disability (learning disability and depression), when she was not
selected for the position of Contract Representative, GS-5. The prior
decision found complainant failed to establish that the agency's reason
for not selecting her, namely, that she did not perform well in the
interview, was a pretext for discrimination.
In her request for reconsideration, complainant contends that the
agency should have hired her as part of its recruitment efforts for
individuals with disabilities. After a review of complainant's request
for reconsideration, 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. Complainant failed to establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 01A14881 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request for reconsideration.
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
1/6/03
Date