05a50408
09-01-2005
Melanie Zarabi-Aazam, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Melanie Zarabi-Aazam v. Department of Veterans Affairs
05A50408
September 1, 2005
.
Melanie Zarabi-Aazam,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50408
Appeal No. 01A45692
Agency No. 200R-05272001101233
DENIAL
On January 8, 2005, Melanie Zarabi-Aazam (complainant) timely requested
reconsideration of the decision in Melanie Zarabi-Aazam v. Department
of Veterans Affairs, EEOC Appeal No. 01A45692 (December 14, 2004).
Complainant alleged that she was discriminated, in violation of the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq., on the basis of age (D.O.B. 11/30/53) when on January 6,
2004, she learned she was not awarded a non-competitive promotion.
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).
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. While complainant argues in her Request for
Reconsideration that she did, in fact, supervise employees, we agree with
the previous decision finding that, the preponderance of the evidence,
does not support this contention. Moreover, even if pretext had been
established, the record does not support a finding of age animus on the
part of the responsible management officials. Accordingly, the decision
in EEOC Appeal No. 01A45692 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
September 1, 2005
__________________
Date