Ollye T. Reynolds, Complainant,v.Paul H. O'Neill, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionJan 24, 2002
05A10391 (E.E.O.C. Jan. 24, 2002)

05A10391

01-24-2002

Ollye T. Reynolds, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.


Ollye T. Reynolds v. Department of the Treasury

05A10391

January 24, 2002

.

Ollye T. Reynolds,

Complainant,

v.

Paul H. O'Neill,

Secretary,

Department of the Treasury,

Agency.

Request No. 05A10391

Appeal No. 01A04185

Agency No. 99-1131

Hearing No. 100-99-8235X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Ollye T. Reynolds v. Department

of the Treasury, EEOC Appeal No. 01A04185 (February 15, 2001).<1>

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).

In her formal complaint, complainant alleged that she was subjected

to discrimination based on her race (White), sex (female), national

origin (Native American) and age (DOB: September 9, 1939) when she was

not selected for the position of Writer Editor, GS-11/12, after agency

officials determined that she was ineligible for consideration because

her application did not establish that she had the required specialized

writing and editing experience. The appellate decision affirmed an

Administrative Judge's finding of no discrimination. In her request for

reconsideration, complainant has not presented any evidence or argument

that was not previously considered by the Commission when we affirmed

the agency's final decision.

After a review of the 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. The decision

in EEOC Appeal No. 01A04185 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

January 24, 2002

__________________

Date

1 The Commission notes that the appellate decision was issued with an

incorrect EEOC Appeal number of 01A04184. The correct EEOC Appeal number

is 01A04185 as reflected above.