05A20485
06-18-2002
Annie L. Harrison, Complainant, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.
Annie L. Harrison v. Department of Health and Human Services
05A20485
June 18, 2002
.
Annie L. Harrison,
Complainant,
v.
Tommy G. Thompson,
Secretary,
Department of Health and Human Services,
Agency.
Request No. 05A20485
Appeal No. 01990310
Agency No. OEO-204-95
DENIAL OF REQUEST FOR RECONSIDERATION
Annie L. Harrison (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Annie L. Harrison v. Department of Health and Human Services,
EEOC Appeal No. 01990310 (February 1, 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 complaint, complainant alleged that she was discriminated
against on the bases of race (Black), age (over 40), and reprisal
(prior EEO activity), when she was inter alia denied a cash award in
November 1995. The agency issued the FAD pursuant to a remand by the
Commission in Harrison v. Department of Health and Human Services, EEOC
Appeal No. 01970917 (January 12, 1998) (remanding decision). In the
remanding decision, the Commission inter alia reversed the agency's
dismissal of complainant's allegation, concerning the denial of a cash
award in November 1995, and remanded the allegation to the agency for
further processing.
In its FAD, on remand, the agency concluded that complainant had, in
fact, received a cash award in November 1995, and therefore that the
complaint failed to state a claim. On appeal, on the basis of reprisal,
complainant had contended that during �the fall of 1995" her co-workers
received performance awards ranging from $250 to $1000 dollars, while she
received none. Complainant also argued that the agency did not conduct an
investigation after the Commission's January 12, 1998, remanding decision,
and thus violated the instructions of the remanding decision.
In our previous decision, the Commission concluded that the agency erred
in finding that complainant failed to state a claim just because she had
already received an on-the-spot cash award. However, we concluded that
complainant had presented no evidence that she was discriminated against
with respect to any other cash award, such as an annual performance award,
in November 1995. The Commission agreed with the agency that complainant
failed to establish a prima facie case of reprisal discrimination because
complainant had not shown that she was subject to any adverse action in
November 1995.
We also concluded that complainant did not articulate how the agency's
investigation was inadequate.
In her request for consideration, complainant failed to raise any argument
or evidence not previously considered in rendering the appellate decision.
Therefore, she failed to show that the appellate decision involved a
clearly erroneous interpretation of law or would have a substantial
impact on the policies, practices, or operations of the agency.
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. 01990310 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
June 18, 2002
__________________
Date