05a51182
10-13-2005
Diane McCrae, Arlene Kitahara, Barbara J. Conner, Lillian A. Gill Complainants, v. Carlos M. Gutierrez, Secretary, U.S. Department of Commerce, Agency.
Diane McCrae, Arlene Kitahara, Barbara J. Conner, Lillian A. Gill
v. U.S. Department of Commerce
05A51182, 05A51185, 05A51183 & 05A51184
October 13, 2005
.
Diane McCrae, Arlene Kitahara, Barbara J. Conner, Lillian A. Gill
Complainants,
v.
Carlos M. Gutierrez,
Secretary,
U.S. Department of Commerce,
Agency.
Request Nos. 05A51182, 05A51185, 05A51183 & 05A51184
Appeal Nos. 01A50178, 01A50175, 01A50176, & 01A50177
Agency Nos. 02-63-00150, 02-63-00147, 02-63-00148, & 02-63-00149
Hearing Nos. 120-2003-00215X, 120-2003-00212X, 120-2003-00213X &
120-2003-00214X
DENIAL
Diane McCrae, Arlene Kitahara, Barbara J. Conner, and Lillian A. Gill
(complainants) timely requested reconsideration of the decision in Diane
McCrae et al.v. U.S. Department of Commerce, EEOC Appeal No. 01A50178
(January 14, 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) (2004).
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. In our previous decision, we affirmed the final agency
order accepting the Administrative's Judge's (AJ's) summary decision
finding no discrimination. When we rendered our decision, we reviewed
the matter de novo, carefully considering all of the record evidence.
In essence, complainants argue in their request that our prior
decision is in error because (1) we determined that management
did not cause complainants to rely solely on the COOL website for
vacancy announcements; (2) it only considered part of complainant's sex
discrimination claim; (3) it did not examine and analyze complainants'
claims of direct discrimination. 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,
at 9-17 (rev. Nov. 9, 1999). Having reviewed our prior decision, the
AJ's decision, and the record based on the standard articulated above,
we conclude that our interpretation of material fact and law is not
clearly in error, nor do we find that the previous decision overlooked
any material evidence. Thus, we continue to stand behind that decision
and find that the arguments complainants present in their request fail
to give us reason to reconsider the decision. As such, the decision in
EEOC Appeal Nos. 01A50178, 01A50175, 01A50176 and 01A50178 remains the
Commission's final 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 (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
October 13, 2005
__________________
Date