05A30045
12-30-2002
Eva C. Trantham, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Eva C. Trantham v. Social Security Agency
05A30045
12-30-02
.
Eva C. Trantham,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A30045
Appeal No. 01A03772
Agency No. 98-0644-SSA
DENIAL OF REQUEST FOR RECONSIDERATION
Eva M. Trantham (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Eva M. Trantham v. Social Security Administration, EEOC
Appeal No. 01A03772 (August 12, 2002). 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).
Complainant filed a complaint based on age (63) and reprisal (prior
EEO activity) when she was subjected to a hostile work environment
and not selected for a temporary promotion to Paralegal Specialist,
GS-950-9. Subsequently, the agency issued a final decision (FAD)
finding that complainant established a prima facie case of age and
reprisal discrimination, but that management articulated legitimate
non-discriminatory reasons for its actions which complainant failed to
show were pretextual. Management indicated that there was a backlog in
decision writing and the agency needed someone who had training in writing
decisions. The selectee had the required training and was available.
According to management, there was no consideration paid to complainant's
age or prior EEO activity. The agency also found that complainant did
not establish that she had been subjected to a hostile work environment.
The previous decision affirmed the agency's FAD.
In her request for reconsideration, complainant argued that her
supervisor and a co-worker lied in an unrelated case about a request
for compensatory time. This matter was not at issue in the instant
proceeding. 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. Complainant
failed to establish that the previous decision involved a clearly
erroneous interpretation of material fact or law; or that it will have
a substantial impact on the policies, practices, or operations of the
agency. The decision in EEOC Appeal No. 01A03772 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
____12-30-02______________
Date