05990900
05-03-2001
Diane D. Nasielski, Complainant, v. Robert B. Pirie, Jr., Acting Secretary, Department of the Navy, Agency.
Diane D. Nasielski v. Department of the Navy
05990900
May 3, 2001
.
Diane D. Nasielski,
Complainant,
v.
Robert B. Pirie, Jr.,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05990900
Appeal No. 01970834
Agency No. 95-0015-1001; 95-0015-1024
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Diane D. Nasielski v. Department
of the Navy, EEOC Appeal No. 01970834 (June 18, 1999). 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 her formal complaints of October 3, 1994 and January 18, 1995,
complainant alleged she was discriminated against on the bases of race
(White), sex (female), national origin (Polish), religion (Catholic),
age (DOB: 3/16/60), disability (slipped discs and anxiety attacks) and
in reprisal for prior protected activity when she was harassed by her
first line supervisor; her stress related workers compensation claim
was controverted; she was denied a temporary promotion to a GS-06
level position; and she was detailed to a "dead end" GS-05 Budget
Assistant position. The prior decision affirmed the agency's finding
of no discrimination. In her request for reconsideration, complainant
alleges that both the agency and the Commission mixed up the facts
and circumstances underlying the two complaints at issue herein with
the facts and circumstances underlying the complaint in EEOC Appeal
No. 01992858 which is currently before the Commission pending a decision
on appeal. However, upon review of complainant's appeal statements in
both EEOC Appeal No. 01992858 and EEOC Appeal No. 01970834 and the reports
of investigation for each of the three complaints, it is clear that the
issues have not been confused by either the agency or the Commission.
Furthermore, complainant has not presented any evidence or argument
that was not previously considered by the Commission when we affirmed
the agency's final decision in EEOC Appeal No. 01970834.
After a review of the 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. The decision
in EEOC Appeal No. 01970834 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
May 3, 2001
__________________
Date