05A30521
03-27-2003
Esther D. Taitano, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.
Esther D. Taitano v. Department of the Interior
05A30521
March 27, 2003
.
Esther D. Taitano,
Complainant,
v.
Gale A. Norton,
Secretary,
Department of the Interior,
Agency.
Request No. 05A30521
Appeal No. 01A30085
Agency No. FNP-2001-069
Hearing No. 370-A2-X2418
DENIAL OF REQUEST FOR RECONSIDERATION
Esther D. Taitano (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Esther D. Taitano v. Department of the Interior, EEOC
Appeal No. 01A30085 (January 27, 2003). 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). However, 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
(rev. Nov. 9, 1999), at 9-17.
In her request for reconsideration, complainant submits new documentation,
and asks that the Commission reconsider its decision, and render a
decision in her favor. We note that the Commission eliminated the
provision for submitting new and material evidence as a basis for granting
reconsideration with the implementation of new regulations on November
9, 1999. See 29 C.F.R. � 1614.405 (b) et seq; Murphy v. Department of
Veterans Affairs, EEOC Request No. 05A10724 (August 8, 2001).
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, after a review of 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. The decision
in EEOC Appeal No. 01A30085 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:
March 27, 2003
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
__________________
Date