05A20640
02-27-2003
Belinda A. Roper, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Belinda A. Roper v. Department of the Army
05A20640
February 27, 2003
.
Belinda A. Roper,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A20640
Appeal No. 01992464
Agency No. 9707H0180
DENIAL OF REQUEST FOR RECONSIDERATION
Belinda A. Roper (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Belinda A. Roper v. Department of the Army, EEOC Appeal
No. 01992464 (April 19, 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). However, we remind complainant that a �request
for reconsideration is not a second appeal to the Commission.� Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
In the underlying complaint, complainant alleged that the agency
breached one provision of a settlement agreement that was entered into
by the parties on December 11, 1997. In its final decision (FAD), the
agency found that it was in compliance with the settlement agreement.
The Commission subsequently affirmed the FAD. In her request for
reconsideration, complainant restates arguments previously made.
In a subsequent letter received by the Commission on October 25, 2002,
complainant raises new allegations of retaliation against the agency.
With respect to complainant's assertion that she has been subjected to
additional retaliatory actions since she filed the instant complaint,
the Commission's regulations allow a complainant to amend a complaint
at any time prior to the conclusion of the investigation to include
issues or claims like or related to those raised in the complaint.
Additionally, after requesting a hearing, complainant may file a motion
with the EEOC Administrative Judge to amend a complaint to include issues
or claims like or related to those raised in the complaint. 29 C.F.R. �
1614.106(d). However, the regulations do not permit a complainant to
raise a new claim on appeal. Therefore, even assuming arguendo that
complainant's allegations are related to her instant claim, it would be
inappropriate for the Commission to address the allegations at this stage.
Singleton v. Social Security Administration, EEOC Appeal No. 01984784
(April 13, 2001). As the Commission cannot address an issue raised for
the first time on appeal, complainant is advised that if she wishes to
pursue, through the EEO process, the additional allegations, she must
contact an EEO counselor within 15 days after she receives this decision.
The Commission advises the agency if complainant seeks EEO counseling
regarding these new claims within the above 15 day period, October
25, 2002 shall be deemed the date of initial EEO contact, unless she
previously contacted a counselor regarding this matter, in which case
the earlier date shall serve as the EEO counselor contact date.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, 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. 01A10397 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
February 27, 2003
__________________
Date