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