Gloria Leonard, Complainant,v.John W. Snow, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionMar 16, 2005
05a50479 (E.E.O.C. Mar. 16, 2005)

05a50479

03-16-2005

Gloria Leonard, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.


Gloria Leonard v. Department of the Treasury

05A50479

March 16, 2005

.

Gloria Leonard,

Complainant,

v.

John W. Snow,

Secretary,

Department of the Treasury,

Agency.

Request No. 05A50479

Appeal No. 01A35219

Agency No. 01-1192

DENIAL

Gloria Leonard (complainant) timely requested reconsideration of the

decision in Gloria Leonard v. Department of the Treasury, EEOC Appeal

No. 01A35219 (December 16, 2004). 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).

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. 01A35219 remains the

Commission's final 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 (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

March 16, 2005

__________________

Date

Appellate Review Program Companion Case Checklist

COMPLAINANT

AGENCY

Appeal/Request/Petition No.

Gloria Leonard

Department of the Treasury

05A50479

OPEN

CASES (#)

ORADS

STATUS

RELATED

(YES/NO)

ACTIONS

TAKEN

CLOSED

CASES (#)

ORADS

STATUS

RELATED

(YES/NO)

ACTIONS

TAKEN

Gale Black 2/28/05

______________________ _______________

ATTORNEY DATE05 CASE DISPOSITION SHEET

COMPLAINANT

AGENCY

REQUEST NO.

Gloria Leonard

Department of the Treasury

05A50479

***Check ALL applicable codes***

PROCEDURAL DECISION - No finding on RTR of discrimination or no

discrimination, nor determination made on claims of

alleged settlement breach.

? 3K - Procedural Decision

? 6Q - 01 decision was procedural

? 6R - 01 decision was merits

? 3M - RTR reversed/remanded agency's procedural

decision

? 6H - RTR affirmed 01 decision

? 6I - RTR reversed 01 decision

? 6J - RTR modified 01 decision (NOTE: if affirmed in part

and reversed in part, then 3M code is also required)

? 6M - RTR vacated 01 decision (NOTE: 01 decision

MUST be merits and ALL issues vacated)

? 6U - Reconsider on own motion

? 4H - RTR affirmed FAD

? 4I - RTR reversed FAD

? 4J - RTR modified FAD

? 4Q - Compliance required

MERITS DECISION - Must include finding by OFO of discrimination or no

discrimination, or of settlement breach or no

settlement breach on at least one

claim.

? 4A - Merits Decision

? 6Q - 01 decision was procedural

? 6R - 01 decision was merits

? 6E - RTR found discrimination

List Basis codes: _________________________

List Issue codes: _________________________

? Compensatory Damages (C3) awarded?

? 6F - RTR found no discrimination

? 6S - RTR found settlement breach

? 6T - RTR found no settlement breach

? 6H - RTR affirmed 01 decision

? 6I - RTR reversed 01 decision

? 6J - RTR modified 01 decision (affirmed in part, reversed

in part)

? 6U - Reconsider on own motion

? 4H - RTR affirmed FAD

? 4I - RTR reversed FAD

? 4J - RTR modified FAD (NOTE: if affirmed in part and

reversed in part, then 3L code is required if at least

one claim is remanded)

? 3L - RTR remanded PART of agency's merits

decision. (NOTE: if breach is basis, use of 3L

code also requires 4I code; ALSO, do not use with

6E code)

? 3P - Adverse inference

? 4N - RTR affirmed AJ

? 4O - RTR reversed AJ

? 4P - RTR modified AJ

? 4T - AJ issued Summary Judgment decision

? 4U - RTR affirmed AJ Summary Judgment

? 4V - RTR reversed AJ Summary Judgment

? 3H - RTR denied attorney's fees

? 3I - RTR approved attorney's fees

? 3J - RTR modified attorney's fees

? 3T - Decision on comp. damages - DENIED

? 3U - Decision on comp. damages - APPROVED

? 3V - Decision on comp. damages - MODIFIED

? 3W - Remand to AJ for remedies

? 3Z - Remand to agency for remedies

? 4Q - Compliance required on 01

RTR DENIED - Denials require only 3K and 6Q or 6R (above) and 6D and 6N

or 6P (below), for a total of 4

codes (and 4Q if applicable).

? 6D - RTR Denied

? 6N - Failure to meet RTR criteria

? 6P - Other procedural defect

? 4Q Compliance required on 01

OTHER CLOSURE CODES - Do NOT include 3K or 4A codes

? 3C - Duplicate docket number

? 3D - Withdrawal

? 3E - Complaint settled

? 3G - Other letter closure

? 3R - Return to agency for consolidation

? 3S - Return to AJ for consolidation

? 7N - Civil action filed

Revised 10/4/02

FOR OFO INTERNAL CIRCULATION ONLY

Initial

Date

To: Carlton M. Hadden, Director

Office of Federal Operations

To: Hilda Rodriguez, Director

Appellate Review Programs

Request Number

05A50479

Appeal Number

01A35219

Agency Number

01-1192

Hearing Number

None

THE ATTACHED DECISION IS RECOMMENDED FOR APPROVAL:

Title

Name

Initial

Date

Attorney:

Gale Black

2/28/05

Supervisor:

Mary Jean Secoolish

Division Director:

Marie Fitzgerald

Complainant(s):

Gloria Leonard

Agency:

Department of the Treasury

Decision:

Deny

Statute(s) Alleged:

Title VII and Rehabilitation Act

Basis(es) Alleged:

RB, HP, OR

Issue(s) Alleged:

A4, H1, L2

Where Discrimination Is Found (Only):

(A) Basis(es) for Finding:

(B) Issues in Finding:

Typist/date/diskette

GB2 / 02/28/05

Spell Check

YES

Team Proofed

Date

2/25/05