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