0520100307
04-30-2010
Dawn Johnson, Complainant, v. Lisa P. Jackson, Administrator, Environmental Protection Agency, Agency.
Dawn Johnson,
Complainant,
v.
Lisa P. Jackson,
Administrator,
Environmental Protection Agency,
Agency.
Request No. 0520100307
Appeal No. 0120093782
Hearing No. 410-2006-00174X
Agency No. 20060006R04
DENIAL
Complainant timely requested reconsideration of the decision in Dawn
Johnson v. Environmental Protection Agency, EEOC Appeal No. 0120093782
(February 22, 2010). 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 her underlying complaint, complainant alleged discrimination based on
reprisal for prior protected EEO activity under Title VII of the Civil
Rights Act of 1964 when: (1) she was denied flexiplace; (2) she was
denied awards and promotions; and (3) on or about February 4, 200005,
she received an unfair performance appraisal.
At the conclusion of the investigation, complainant was informed of her
right to request a hearing before an EEOC Administrative Judge (AJ) or,
alternatively, to receive a final decision by the agency. Complainant
requested a hearing. The AJ issued a decision without a hearing, finding
no discrimination. In his the decision, the AJ found that the agency
presented legitimate, non-discriminatory reasons, which complainant
failed to show were pretext for discrimination. Complainant appealed the
agency's final order to the Commission. In Dawn Johnson v. Environmental
Protection Agency, EEOC Appeal No. 0120093782 (February 22, 2010), the
Commission affirmed the agency's final order. Complainant now requests
that the Commission reconsider its decision.
In her request for reconsideration, complainant contends that the AJ
erroneously interpreted material facts with respect to complainant's
performance evaluation. Complainant states that she received a successful
rating and not a pass/fail performance appraisal. Complainant also
alleged that the AJ ignored the fact that management used the wrong
procedure for authorizing her flexiplace, and that this was clear evidence
of retaliation. Finally, complainant contends that the AJ erred when
he concluded that complainant failed to show any denial of promotion
that occurred within 45 day of her EEO Counselor contact.
After reconsidering 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. Complainant failed to present any argument or evidence that
would establish that the prior decision involved a clearly erroneous
interpretation of material fact or law. The decision in EEOC Appeal
No. 0120093782 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 (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 (Z1008)
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
April 30, 2010
__________________
Date
2
***Request number TX***
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100307