05a10678
05-07-2003
Dawn Johnson, Complainant, v. Christine Todd Whitman, Administrator, Environmental Protection Agency, Agency.
Dawn Johnson v. Environmental Protection Agency
05A10678
05-07-03
.
Dawn Johnson,
Complainant,
v.
Christine Todd Whitman,
Administrator,
Environmental Protection Agency,
Agency.
Request No. 05A10678
Appeal No. 01A11490
Agency No. 97-0077-R4
Hearing No. 110-98-8378X
DECISION
Dawn Johnson (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (the Commission) to reconsider the
decision in Dawn Johnson v. Christine Todd Whitman, Administrator,
Environmental Protection Agency, EEOC Appeal No. 01A11490 (April
11, 2001). EEOC regulations provide that the Commission may,
in its discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved a clearly erroneous
interpretation of material fact or law; or (2) the decision will have a
substantial impact on the policies, practices or operation of the agency.
29 C.F.R. � 1614.405(b).
In EEOC Appeal No. 01A11490 (April 11, 2001), the Commission found that
the agency did not discriminate against complainant based on race (black)
when she was not afforded a promotion in January 1997. After a review of
the complainant's request for reconsideration, the previous decision, and
the entire record, the Commission finds that the complainant's request
fails to meet any of the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the complainant's request.
The decision of the Commission in EEOC Appeal No. 01A11490 (April 11,
2001) remains the Commission's final decision. There is no further
right of administrative appeal from a decision of the Commission on a
request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
___05-07-03_______________
Date