05a50114
11-08-2004
Cynthia A. Shy, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Cynthia A. Shy v. Department of the Air Force
05A50114
November 8, 2004
.
Cynthia A. Shy,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A50114
Appeal No. 01A35169
Agency No. 9R1M02199
Hearing No. 110-2003-08283X
DENIAL OF REQUEST FOR RECONSIDERATION
Cynthia A. Shy (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Cynthia A. Shy v. Department of the Air Force, EEOC Appeal
No. 01A35169 (September 10, 2004). 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 the underlying complaint, complainant contended that she was
discriminated against on the bases of race (African American), sex
(female), disability (spinal cord injury) and in reprisal for prior
EEO activity in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq., when on May 7, 2002, she received her 2001-2002 Civilian
Performance and Promotion Appraisal with a composite score of 73 and a
rating of �Excellent.�
On June 19, 2003, the EEOC Administrative Judge (AJ) issued a decision
finding no discrimination. On July 29, 2003, the agency issued its
final order fully adopting the AJ's decision and our prior appellate
decision affirmed this finding. In her request for reconsideration,
complainant contends, among other things, that the AJ erred when he found
that complainant failed to establish a prima facie case of discrimination
on any of the alleged bases.
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. In reaching
this conclusion, we note that although complainant contends that she
presented evidence of discriminatory animus and/or retaliatory motive,
there is not sufficient evidence in the record to support her claims.
The decision in EEOC Appeal No. 01A35169 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
November 8, 2004
__________________
Date