Sharonda D. Eatmon, Complainant,v.John Ashcroft, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionNov 18, 2004
05a50075 (E.E.O.C. Nov. 18, 2004)

05a50075

11-18-2004

Sharonda D. Eatmon, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.


Sharonda D. Eatmon v. Department of Justice

05A50075

11/18/04

.

Sharonda D. Eatmon,

Complainant,

v.

John Ashcroft,

Attorney General,

Department of Justice,

Agency.

Request No. 05A50075

Appeal No. 01A34039

Agency No. P-2001-02030

Hearing No. 140-2002-08268X

DENIAL OF REQUEST FOR RECONSIDERATION

Sharonda D. Eatmon (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider the

decision in Sharonda D. Eatmon v. Department of Justice, EEOC Appeal

No. 01A34039 (August 24, 2004). 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).

Complainant filed a formal complaint alleging discrimination on the basis

of disability (ankle injury) when she was terminated because she failed

to pass the physical fitness portions of training in Glynco, Georgia.

Following an investigation, complainant requested a hearing before an

EEOC Administrative Judge. Finding no dispute of material fact, the

AJ issued a decision without a hearing. In her decision, the AJ found

complainant failed to establish a prima facie case of discrimination.

In her Request for Reconsideration, complainant argues that the complaint

should be reexamined because the agency received additional time in which

to file their appeal brief. 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. Complainant failed to establish that the prior decision

involved a clearly erroneous interpretation of material law or fact.

The decision in EEOC Appeal No. 01A34039 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

11/18/04

Date