0520090386
05-29-2009
Emeline B. Ladeau, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.
Emeline B. Ladeau,
Complainant,
v.
Michael W. Wynne,
Secretary,
Department of the Air Force,
Agency.
Request No. 0520090386
Appeal No. 0120090703
Agency No. 5X1L06028
DENIAL
Complainant timely requested reconsideration of the decision in Emeline
B. Ladeau v. Department of the Air Force, EEOC Appeal No. 0120090703
(March 19, 2009). 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 her request, complainant restates many of the arguments she previously
presented in her lengthy, seventy-five page, appeal statement. For
example, complainant reiterates her belief that she was subjected to
"continuing violations of harassment", thereby causing her termination
claim to be timely. She again attacks the quality of the Report of
Investigation and the EEOC Administrative Judge's (AJ) decision to issue
summary judgment.
In response, the agency observes that complainant raises the same matters
"as she did in her previous appeal . . . ." Regarding her termination,
the agency considers complainant's arguments an attempt to re-litigate
a matter that was properly dismissed. Complainant raised the issue in
the grievance process and was untimely raised with an EEO counselor.
The agency maintains that the AJ's finding of no discrimination was
proper. Applicants as qualified as complainant, and also only applied
for the CC-03 position were not treated any differently. Moreover,
asserts the agency, the selecting official stated she would not have
selected complainant even if she was on the CC-01 referral list due to
the reasons for her termination.
We remind complainant that a "request for reconsideration is not a second
appeal to the Commission." Equal Employment Opportunity Management
Directive 110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9.
Therefore, 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. 0120090703 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 (P0408)
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 (Z1008)
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
May 29, 2009
__________________
Date
2
0520090386
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090386