0520080619
08-04-2008
Ching S. Shelton, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.
Ching S. Shelton,
Complainant,
v.
Michael W. Wynne,
Secretary,
Department of the Air Force,
Agency.
Request No. 0520080619
Appeal No. 0120064738
Hearing No. 340-2005-00564X
Agency No. 9D1S04028F06
DENIAL
Complainant timely requested reconsideration of the decision in Ching
S. Shelton v. Department of the Air Force, EEOC Appeal No. 0120064738
(May 14, 2008). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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 underlying complaint, complainant alleged that she was subjected
to unlawful discrimination, in violation of Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. � 2000e et seq. and Section 501 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq., on the
basis of her disability and in reprisal for prior protected EEO activity
when: (1) on December 18, 2003, her supervisor Colonel denied her request
to work from home; and (2) on January 12, 2004, her supervisor denied her
request to work from home. Following a hearing, the Administrative Judge
(AJ) assigned to the case issued a decision finding that complainant
failed to show that she was subjected to discrimination as alleged.
The agency's final order adopted the AJ's finding of no discrimination.
On appeal, the Commission affirmed the agency's final order.
In her request for reconsideration, complainant reiterates
her contention that the agency unlawfully denied her request for
reasonable accommodation, and subjected her to disability and reprisal
discrimination. We find, however, that after reconsidering the previous
decision and the entire record, 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. In so finding, 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
(EEO MD-110), 9-17 (November 9, 1999). The decision in EEOC Appeal
No. 0120064738 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z0408)
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
August 4, 2008
__________________
Date
2
0520080619
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520080619