0520080442
05-15-2008
Colette D. Douglas, Complainant, v. Robert M. Gates, Secretary, Department of Defense (Army and Air Force Exchange Service), Agency.
Colette D. Douglas,
Complainant,
v.
Robert M. Gates,
Secretary,
Department of Defense
(Army and Air Force Exchange Service),
Agency.
Request No. 0520080442
Appeal No. 0120063941
Agency No. AAFES05007
DENIAL
Complainant timely requested reconsideration of the decision in Colette
D. Douglas v. Department of Defense, EEOC Appeal No. 0120063941 (February
20, 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 our previous decision, we affirmed the EEOC Administrative Judge's
decision without a hearing, finding that complainant had failed to
prove her disparate treatment claim or establish a violation of the
Rehabilitation Act. Specifically, we found that complainant had not
sufficiently rebutted the agency's proffered legitimate, nondiscriminatory
reasons for changing her work schedule. Moreover, although we assumed
that complainant was an individual with a disability as alleged, we
did not find the requisite nexus between her disabling condition and the
reasonable accommodation she claims was unlawfully denied. In this regard,
we determined that complainant's single doctor's note failed to identify
her impairment or provide any clear explanation as to why she needed
accommodation in order to perform the essential functions of her job.
Having reviewed our earlier decision and complainant's arguments, we find
it appropriate to deny the request as it fails to meet the criteria of
29 C.F.R. � 1614.405(b). Complainant has not indicated how we clearly
and erroneously applied the facts and law in this case. Her Request
for Reconsideration is, as she admits, simply a reiteration of earlier
arguments that we already considered for our prior decision. Complainant
filed the Request in the hopes of having the matter reviewed on appeal a
second time. However, our Management Directive prohibits such action: a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614,
at 9-17 (rev. Nov. 9, 1999). We only grant reconsideration in the two
very narrow circumstances listed above. As complainant has not shown how
our interpretation of the material facts or law was clearly erroneous,
the decision in EEOC Appeal No. 0120063941 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:
May 15,
2008
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
3
0520080442
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036