05a50997
07-19-2005
Jane C. Malloy, Complainant, v. Condoleezza Rice, Secretary, Department of State, Agency.
Jane C. Malloy v. Department of State
05A50997
07-19-05
.
Jane C. Malloy,
Complainant,
v.
Condoleezza Rice,
Secretary,
Department of State,
Agency.
Request No. 05A50997
Appeal No. 01A51784
Agency No. 99-21; 01-27
Hearing No. 100-A2-7047X
DENIAL
Jane C. Malloy (complainant) timely requested reconsideration of the
decision in Jane C. Malloy v. Dep't of State, EEOC Appeal No. 01A51784
(May 24, 2005). 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 Mallory v. Dep't of State, EEOC Appeal No. 01A51784 (May 24, 2005),
the Commission affirmed the agency's final decision adopting an EEOC
Administrative Judge's finding of no discrimination, which was issued
without a hearing. We found that the AJ appropriately found that
even viewing the facts in the light most favorable to complainant,
she failed to submit sufficient evidence to establish that she had be
discriminated against.
In her request for reconsideration, complainant provides numerous
reasons as to why the Commission should grant her request. However,
the record reflects that complainant was denied an extension to file
her appeal brief and did not ultimately submit one on appeal. 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, at 9-17 (rev. November 9, 1999). Further, we
note that none of the reasons articulated by complainant sufficiently
establish that the appellate decision involved a clearly erroneous
interpretation of material fact or law. 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. 01A51784 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
_____07-19-05_____________
Date