05201120420
10-18-2012
Rosa M. Ibarrondo, Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture (Farm Service Agency), Agency.
Rosa M. Ibarrondo,
Complainant,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture
(Farm Service Agency),
Agency.
Request No. 0520120420
Appeal No. 0120091753
Agency No. FSA-2007-00112
DENIAL
Complainant timely requested reconsideration of the decision in Rosa M. Ibarrondo v. Department of Agriculture, EEOC Appeal No. 0120091753 (March 30, 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).
In our previous decision, we affirmed the Agency's final decision. Specifically, we found that the Agency properly dismissed claim 1 for untimely EEO counselor contact. We noted that the event of claim 1 occurred on August 7, 2006, but Complainant did not contact an EEO counselor until November 3, 2006. We noted that Complainant's contact was outside the requisite 45-day time limit, and Complainant failed to offer an acceptable explanation or justification the delay. We also noted that Complainant's claims of discrimination based upon marital and parental status are not covered protected bases covered by Federal EEO laws. With regard to claim 2, we found that the Agency articulated legitimate, nondiscriminatory reasons for the nonselection; namely, Complainant did not have a successful interview and could not articulate her answers in English. We found that Complainant failed to establish that the Agency's legitimate, nondiscriminatory reasons were pretext for discrimination. We noted that Complainant failed to demonstrate that her qualifications were observably superior to the selectee. Regarding claim 3, we also found that that the Agency articulated legitimate, nondiscriminatory reasons for its actions, which Complainant failed to establish were pretext for discrimination. We noted that the Corozal Field Office needed assistance and it was closer to Complainant's home than the Barranquitas Field Office, which prompted the Agency to reassign her there.
In her request for reconsideration, Complainant, in pertinent part, contends that her EEO counselor contact with regard to claim 1 was timely because she did not suspect discrimination within 45 days of her EEO counselor contact. Complainant also contends that the Selecting Official's reasons with respect to claim 2 are unworthy of belief and pretext for discrimination. Complainant contends that her experience and awards clearly qualify her for the position. Complainant contends the Agency misrepresented her qualifications with the intention of not selecting her. Complainant contends that we improperly found that the Selecting Official's testimony was credible.
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. We note that Complainant does not specify her reasons for not suspecting discrimination within the 45 days preceding her November 3, 2006, EEO counselor contact. We also note that Complainant reiterates arguments previously addressed in our previous decision with regard to claim 2, and she does not identify any clearly erroneous interpretation of material fact or law.
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. 0120091753 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
October 18, 2012
Date
2
0520120420
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120420