Donna J. Humbard, Complainant,v.Agency.

Equal Employment Opportunity CommissionDec 14, 2001
05A20154 (E.E.O.C. Dec. 14, 2001)

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