05A21109
10-31-2002
Charlene O. Good, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Charlene O. Good v. Department of the Army
05A21109
October 31, 2002
.
Charlene O. Good,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A21109
Appeal No. 01A10609
Agency Nos. BGASF09607G0050; BGASFO9709H0490;
BGASFO9709H0470 & AA7CFO9603G0470
Hearing Nos. 170-98-8578X; 170-98-8579X & 170-99-8035X
DENIAL OF REQUEST FOR RECONSIDERATION
Charlene O. Good (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Charlene O. Good v. Department of the Army, EEOC Appeal
No. 01A10609 (July 8, 2002). Complainant alleged discrimination in
violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq., on the bases of sex (female),
race (African American) and reprisal (prior EEO activity), when (1)
she was subjected to continued harassment and was rated �successful (2)�
for the period beginning November 1, 1994 through October 31, 1995; (2)
she was reprimanded by her immediate supervisor (S1); (3) she received
a lowered performance appraisal on December 18, 1996, compared to her
previous performance appraisal; (4) her seniority was disregarded by S1
when he changed the supervisory rotation system from one which allowed
for employees under his supervision to act as the supervisor during his
absence, to a non-rotation system which allowed only one employee to act
as supervisor when he is absent; (5) in January 1997, she was treated
differently from her peers by being subjected to false allegations
that were not properly investigated, when she was accused of spraying
something in the air which caused a co-worker to become deathly ill; and
(6) she was suspended for five days without pay, effective June 9, 1997,
for unauthorized release of personnel documents and deliberate failure
to follow instructions.
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 request for reconsideration, complainant presents similar
arguments previously presented and considered by the Commission
on appeal. Complainant generally fails to address the specific
legitimate, non-discriminatory explanations articulated by the agency.
Accordingly, considering complainant's statements as well as the evidence
in the record, we find insufficient basis to conclude that the agency's
explanations were pretextual or motivated by discriminatory or retaliatory
animus.
Accordingly, 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. 01A10609 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
October 31, 2002
__________________
Date