05A20314
04-25-2002
Annie L. Crayton, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Annie L. Crayton v. Department of the Army
05A20314
04-25-02
.
Annie L. Crayton,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A20314
Appeal No. 01A20356
Agency No. BEHTFO9911J0160
Hearing No. 370-00-2527X
DENIAL OF REQUEST FOR RECONSIDERATION
Annie L. Crayton (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Annie L. Crayton v. Department of the Army, EEOC Appeal
No. 01A20356 (December 12, 2001). 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 an EEO complaint claiming that she had been
discriminated against on the basis of race (Black) when, in September
1999, a recommendation that she receive a Special Act / Service Award
was denied. After the complaint was investigated and complainant was
issued the report of investigation, she requested a hearing before a
Commission Administrative Judge (AJ). The AJ concluded that the case
was appropriate for a decision without a hearing, and issued a decision
finding that complainant had not been discriminated against.
In his August 21, 2001 summary judgment decision, the AJ found no genuine
disputes of material facts, or questions of credibility, existed.
He found that complainant had not established a prima facie case of
race discrimination because she had not shown that a similarly situated
employee not of her protected class had been treated more favorably. The
AJ then reviewed the agency's legitimate, non-discriminatory reasons for
its denial of the Award. He found that complainant's pretext arguments
did not show that the agency's reasons were not the real reasons for
its action or that the agency was motivated by discrimination. The AJ
ultimately concluded that complainant had failed to meet her burden of
proving discrimination. The agency issued a final action implementing
the AJ's decision.
The previous decision affirmed the agency's decision to implement
the decision of the AJ. Complainant submitted an argument on appeal
which argued that the AJ had incorrectly determined that there were no
material facts in dispute, and reargued complainant's contentions that
the agency's reasons were pretextual. The record showed that there were
no issues of material fact in dispute, and that the AJ had correctly
decided the case. Complainant's request for reconsideration reiterated
the arguments she advanced in her initial appeal. We find, however,
that complainant has not shown that the previous decision, or the AJ,
committed a clearly erroneous interpretation of material law or fact
with respect to her complaint.
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. 01A20356 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
____04-25-02______________
Date