Barbara Reed, Complainant,v.Ann M. Veneman, Secretary, Department of Agriculture, Agency.

Equal Employment Opportunity CommissionSep 25, 2002
05A21022 (E.E.O.C. Sep. 25, 2002)

05A21022

09-25-2002

Barbara Reed, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.


Barbara Reed v. Department of Agriculture

05A21022

September 25, 2002

.

Barbara Reed,

Complainant,

v.

Ann M. Veneman,

Secretary,

Department of Agriculture,

Agency.

Request No. 05A21022

Appeal No. 01A15037

Agency Nos. 990894, 990447, 990705, 990704, 000688

Hearing No. 100-AO-7415X

DENIAL OF REQUEST FOR RECONSIDERATION

Barbara Reed (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Barbara Reed v. Department of Agriculture, EEOC

Appeal No. 01A15037 (June 26, 2002). Complainant alleged that she

was discriminated against on the bases of her race (African-American)

and in reprisal for EEO activity (protected by unspecified statute)

in violation of Title VII of the Civil Rights Act of 1964 (Title VII),

as amended, 42 U.S.C. � 2000e et seq. when:

she received late or no responses to five requests made under the

Freedom of Information Act;

on November 20, 1997, her performance rating was delayed and her

performance bonus detached;

on August 14, 1998, she was denied a promotion;

from July 1998 through November 1998, her second-level supervisor

refused to communicate with her;

on May 4, 1998, her second-level supervisor interfered with the job

selection process;

on February 28, 1999, she was assigned to less favorable staff, her

duties were reduced, and her supervisor was changed on or about February

28, 1999;

on May 23, 1999, her supervisor allegedly made slanderous remarks

about her;

on March 4, 1999, a desk audit was not requested, she was denied

training, her performance rating was delayed, her performance rating

was reduced, she was not promoted, and her duties were reduced.

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 the instant request,

complainant merely reiterates arguments previously made on appeal.

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. 01A15037 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

September 25, 2002

__________________

Date