0520110535
10-14-2011
Diane S. Roy, Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture, Agency.
Diane S. Roy,
Complainant,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture,
Agency.
Request No. 0520110535
Appeal No. 0120101395
Agency No. OCFO-2009-01282
DENIAL
Complainant timely requested reconsideration of the decision in Diane
S. Roy v. Department of Agriculture, EEOC Appeal No. 0120101395 (June
6, 2011). 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 our previous decision, the Commission determined that the Agency did
not breach the terms of an October 16, 2009, settlement agreement that
provided that the Agency would grant Complainant priority consideration
for the next Program Analyst position within the Controller Operations
Division. The Commission concluded that the terms of the agreement were
fulfilled when the Agency considered Complainant’s application ahead of
other applicants for the next Program Analyst position and noted that the
Agency determined that Complainant lacked the well-developed grammatical,
spelling, and proofreading skills required for the position.
In requesting reconsideration, Complainant maintains that the vacancy
announcement for the Program Analyst position did not specify that
spelling and proofreading skills were required for the position. However,
the vacancy announcement states that Program Analysts must possess
the ability to communicate effectively in writing and prepare detailed
documentation, supporting work papers, and reports. Thus, the abilities
to accurately spell and proofread are inherent skills for the position.
Further, we remind Complainant that a request for reconsideration is
not a second form of appeal. E.g., Lopez v. Dep’t of Agriculture,
EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive
for Part 1614 (EEO MD-110), Chap. 9, §VII.A. (Nov. 9, 1999).
Consequently, 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. 0120101395 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 (P0610)
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 (Z0610)
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
October 14, 2011
Date
2
0520110535
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110535