05990060
05-09-2001
Virginia C. Byers v. Department of the Navy
05990060
May 9, 2001
.
Virginia C. Byers,
Complainant,
v.
Robert B. Pirie, Jr.,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05990060
Appeal No. 01972218
Agency No. 97-83447-003
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Virginia
C. Byers v. Department of the Navy, EEOC Appeal No. 01972218 (September
22, 1998). 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).
On August 23, 1996, complainant contacted an EEO counselor and
subsequently filed a formal complaint claiming that a co-worker (the
Co-worker) harassed her over a two year period. The agency issued a
final decision dismissing the complaint for failure to state a claim.
Complainant appealed, and the Commission affirmed the dismissal, finding
that the five incidents cited by complainant as harassment over the
two year period were isolated incidents and were not sufficient to
show harassment.
Complainant now requests reconsideration, arguing that between April and
June 1998, other employees working with the Co-worker complained that
the Co-worker harassed them. Complainant argued that these complaints
demonstrate that the Co-worker created a hostile work environment.
As stated in the prior decision, to establish a claim of hostile work
environment, the harassment must be ongoing and continuous. Banks
v. Department of Health and Human Services, EEOC Request No. 05940481
(February 16, 1995). The incidents complainant now refers to occurred
during a three month period, two years after the incidents she cited
in her complaint. This is insufficient to establish a claim of hostile
work environment.
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. 01972218 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
May 9, 2001
__________________
Date