0520140260
09-09-2014
Complainant, v. John Kerry, Secretary, Department of State, Agency.
Complainant,
v.
John Kerry,
Secretary,
Department of State,
Agency.
Request No. 0520140260
Appeal No. 0120140199
Agency No. DOSF13312
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. Department of State, EEOC Appeal No. 0120140199 (February 19, 2014). 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(c). For the following reasons, Complainant's request is DENIED.
BACKGROUND
In the appellate decision, Complainant claimed that the Agency discriminated against her in reprisal for prior EEO activity when: 1. she was not selected for the position of Passport Specialist, GS-09 (Vacancy Announcement No. CA-2012-0230), announced in June 2012, despite her previous experience in this function; and 2. she received a non-favorable job reference for the Passport Specialist position (Vacancy Announcement No. CA-2012-0230), for which she had not been selected. Complainant, a former employee of the Agency believed that she was not selected for the position because she was "black-balled" for having previously filed EEO complaints. The Agency issued a FAD which found that Complainant failed to establish a prima facie case of reprisal but even assuming that she had, the Agency articulated legitimate, nondiscriminatory reasons for its actions, namely, that Complainant was not offered an interview for the position because the Selecting Official received negative feedback from her references. The Commission affirmed the finding of no discrimination.
REQUEST FOR RECONSIDERATION CONTENTIONS
In her request for reconsideration, Complainant asserts that she was qualified for the position and therefore she should have been interviewed. She maintains that the explanation that she did not get an interview because of the negative feedback from her references is not true as several of her references maintain that they were not contacted. Finally, she contends that she was not offered an interview because the selecting official found out that she had filed EEO claims in the past.
ANALYSIS AND FINDINGS
After reviewing 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(c), and it is the decision of the Commission to deny the request. In the instant case, we find that Complainant has offered only her own conclusory statements as to why she believes she was not selected, but has failed to establish that the appellate decision involved a clearly erroneous interpretation of material fact or law, or that the appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. Accordingly, we find the decision in EEOC Appeal No. 0120140199 remains the Commission's 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 (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
__9/9/14________________
Date
2
0520140260
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140260