05a50537
03-09-2005
Denise V. Franklin, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Denise V. Franklin v. Department of Veterans Affairs
05A50537
March 9, 2005
.
Denise V. Franklin,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50537
Appeal No. 01A50248
Agency No. 200305802004102
DENIAL
Denise V. Franklin (complainant) timely requested reconsideration of the
decision in Denise V. Franklin v. Department of Veterans Affairs, EEOC
Appeal No. 01A50248 (January 11, 2005). 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).
The previous decision affirmed the agency's conclusion that complainant
failed to state a claim. In her request, complainant makes arguments
similar to those she made on appeal. Further, she states that the
person who allegedly discriminated against her is causing her to lose her
concentration and her efficiency at work. We remind complainant that a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17. The agency makes no contentions.
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. The decision in EEOC Appeal No. 01A50248 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
With respect to complainant's apparent contention that she is currently
being discriminated against, if she believes the actions to be acts of
discrimination, she may file a new complaint. Therefore, if complainant
wishes to file a new complainant, she must contact an EEO counselor as
required by the regulations.
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:
March 9, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations