05A30358
02-24-2003
Sandra Stolbach, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, (Internal Revenue Service) Agency.
Sandra Stolbach v. Department of the Treasury
05A30358
February 24, 2003
.
Sandra Stolbach,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
(Internal Revenue Service)
Agency.
Request No. 0530358
Appeal No. 01A15034
Agency No. TD 00-2271
DENIAL OF REQUEST FOR RECONSIDERATION
Sandra Stolbach (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Stolbach v. Department of the Treasury, EEOC Appeal
No. 01A15034 (November 19, 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).
In her original complaint, complainant alleges that she was discriminated
against in violation of Section 501 of the Rehabilitation Act of 1973
(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq, when she was
suspended in March 2000, for two days without pay for her unapproved
use of credit time and her failure to timely complete an assignment.
The agency issued a Final Agency Decision (FAD), finding that complainant,
who alleged that she suffered from memory loss, a symptom of fibromyalgia,
was not an individual with a disability and therefore, failed to
establish a prima facie case of disability discrimination. On appeal,
the Commission affirmed the FAD, finding that even assuming, arguendo,
that complainant was an individual with a disability within the meaning
of the Rehabilitation Act, she failed to establish, by a preponderance
of the evidence, the requisite nexus between her alleged memory loss
and the conduct which resulted in her suspension. In her request for
reconsideration, complainant does not present any relevant contentions.
Additionally, because complainant alleges for the first time that her
supervisor stated that she wanted a younger and more agile individual
in her office, we will not address the merits of that claim.
We note that the request for reconsideration is not a second appeal and
will only reconsider prior decisions that meet the strict requirements
of 29 C.F.R. � 1614.405(b). Therefore, 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. The decision in EEOC Appeal No. 01A15034
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
February 24, 2003
__________________
Date