Cynthia A. Shy, Complainant,v.Dr. James G. Roche, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionNov 8, 2004
05a50114 (E.E.O.C. Nov. 8, 2004)

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