05A20154
12-14-2001
Donna J. Humbard, Complainant, v. Agency.
Donna J. Humbard v. Department of the Navy
05A20154
December 14, 2001
.
Donna J. Humbard,
Complainant,
v.
Agency.
Request No. 05A20154
Appeal No. 01991031
Agency No. 96-00244-007; 97-00244-009
Hearing No.
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in
Donna J. Humbard v. Department of the Navy, EEOC Appeal No. 01991031
(September 25, 2001). 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 the underlying complaint, complainant contended that she was
discriminated against on the bases of race (White) and reprisal (prior
EEO activity) in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., when:
on May 9, 1996, she received two electronic mail (email) messages from
her supervisor (S1) that implied that she was insubordinate;
on May 22, 1996, S1 held a meeting with her to discuss the email
messages;
on May 28 and 29, 1996, S1 gave her written correspondence that required
her to obtain Civilian Employee Assistance Program (CEAP) counseling;
on June 4, 1996, she felt she was being forced by S1 to meet with a
CEAP counselor and she was not told that it was not mandatory; and,
in May 1996, S1 failed to advertise a vacancy for an EEO Assistant,
GS-5 position.
Specifically, complainant contended that S1 retaliated against her by
ordering her to participate in CEAP counseling. The agency's final agency
decision (FAD) found no discrimination and our prior appellate decision
affirmed this finding. In her request for reconsideration, complainant
essentially reiterates the arguments made on appeal, including that she
was ordered to attend CEAP counseling.
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. In reaching
this conclusion, we note that although complainant contends that she
presented direct evidence of discriminatory animus and/or retaliatory
motive, there is no evidence in the record that supports her claims.
Complainant also contends that the Commission failed to consider the fact
that she was ordered, not referred, to CEAP counseling. In point of fact,
our prior appellate decision noted and discussed complainant's contention
that she was discriminated against based on S1's requirement that she
attend employee counseling. In light of the foregoing, the decision
in EEOC Appeal No. 01991031 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
December 14, 2001
__________________
Date