0520110128
04-14-2011
Julie A. Marsh, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security, (Transportation Security Administration), Agency.
Julie A. Marsh,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security,
(Transportation Security Administration),
Agency.
Request No. 0520110128
Appeal No. 0120102912
Hearing No. 570-2009-00068X
Agency No. HS-08-TSA-001984
DENIAL
Complainant timely requested reconsideration of the decision in Julie
A. Marsh v. Department of Homeland Security, EEOC Appeal No. 0120102912
(September 30, 2010). 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 its previous decision, the Commission upheld the decision of the
Administrative Judge finding that Complainant had not established
that the Agency discriminated against her based on sex (female) and
in reprisal for prior protected EEO activity with regard to negative
comments included in her 2007 performance evaluation, under either the
disparate treatment or harassment theories of discrimination.
In her request to reopen, Complainant reiterates arguments raised below,
contending that her performance was not, in fact deficient in the manner
described, and that the Agency “manufactured” the security breach
referenced in the proceedings below.
We note that a request for reconsideration is not a second form
of appeal. E.g., Lopez v. Department of Agriculture, EEOC Request
No. 0520070736 (August 20, 2007). Complainant’s request establishes
neither that the appellate decision involved a clearly erroneous
interpretation of material fact or law, nor that the appellate decision
will have a substantial impact on the policies, practices, or operations
of the agency.
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. 0120102912 remains
the Commission's 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 (P0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
April 14, 2011
Date
2
0520110128
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110128