05a50955
07-28-2005
Sharon Ingram v. Department of Veterans Affairs
05A50955
July 28, 2005
.
Sharon Ingram,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50955
Appeal No. 01A51615
Agency No. 200J-0552-2002102318
DENIAL
Sharon Ingram (complainant) timely requested reconsideration of the
decision in Sharon Ingram v. Department of Veterans Affairs, EEOC
Appeal No. 01A51615 (April 22, 2005). 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 the underlying complaint, complainant contended that she was
discriminated against on the bases of race (African American) and in
reprisal for prior EEO activity in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
when:
from February to March 2002, she was subjected to harassment when:
her chief yelled at her in front of customers, while he did not yell
at her co-workers in similar situation;
she was required to work on the food line, while her Asian American
co-workers had not;
she was constantly questioned and harassed in front of customer, while
her co-workers were not; and,
her Chief does not speak to her, but speaks with her co-workers; and,
on February 4, 2002, she was suspended from employment; and,
on May 24, 2002, she was terminated from her position with the Canteen
Service.
On November 16, 2004, the agency issued a final decision finding no
discrimination and our prior appellate decision affirmed this finding.
In her request for reconsideration, complainant essentially repeats
the arguments presented on appeal and contends that, insofar as the
Commission's prior decision found such arguments to be unpersuasive,
the prior decision contained clearly erroneous interpretations of fact
and law. The agency did not file a response.
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. The decision in EEOC Appeal No. 01A51615 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
July 28, 2005
__________________
Date