05A11143
12-18-2001
June I. Kobi, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
June I. Kobi v. Department of the Air Force
05A11143
December 18, 2001
.
June I. Kobi,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A11143
Appeal No. 01990180
Agency No. 7WIM98002
DENIAL OF REQUEST FOR RECONSIDERATION
June I. Kobi (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in June I. Kobi v. Department of the Air Force, EEOC Appeal No. 01990180
(August 17, 2001). 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).
After a review of the 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).
Complainant alleged that she was subjected to discrimination on the basis
of disability (depression) when, on September 27, 1997, her request for a
modification of her duty hours as a reasonable accommodation was denied.
The previous decision affirmed the agency's finding of no discrimination,
concluding that the agency did not violate the Rehabilitation Act when
it asked complainant to provide adequate documentation in support of
her requested accommodation.
In her request for reconsideration, complainant asserts, as she did
during the investigation and on appeal, that the agency had sufficient
documentation of her disability. She also discusses events which
were not the subject of her complaint. She does not, however,
specify any errors of fact or law made in the previous decision,
nor does she argue that the decision will have a substantial impact
on the policies, practices, or operations of the agency. Accordingly,
it is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01990180 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
December 18, 2001
Date