05A30223
03-04-2003
Lakshmi M. Kumar, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Lakshmi M. Kumar v. Department of the Army
05A30223
March 4, 2003
.
Lakshmi M. Kumar,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A30223
Appeal No. 01A13120
Agency Nos. BODVFO980210150; BODVFO9904J0190
Hearing No. 110-A0-8109X
DENIAL OF REQUEST FOR RECONSIDERATION
Lakshmi M. Kumar (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Lakshmi M. Kumar v. Department of the Army, EEOC Appeal
No. 01A13120 (September 26, 2002). 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).
In her underlying complaint, complainant alleged she was discriminated
against and subjected to a hostile work environment on the bases of race
(Asian), national origin (Indian), religion (Hindu), and in reprisal
for prior protected activity, in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
An EEOC Administrative Judge (AJ) held a hearing and issued a decision
finding that complainant failed to show that the agency's legitimate,
nondiscriminatory reasons for its actions were pretexts for discriminatory
or retaliatory animus. The AJ also found that the discriminatory actions
alleged failed to rise to the level of actionable hostile work environment
discrimination under Title VII. The agency's final agency order, which
the Commission affirmed on appeal, adopted the findings of the AJ.
In her request for reconsideration, complainant alleges that the
Commission erred in affirming the agency's final order. Complainant also
reiterates several contentions made below, and objects to the wording of
certain portions of the Commission's decision on appeal. After a review
of 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), and it is the decision
of the Commission to deny the request. We find that complainant's
contentions with respect to the language in the appeal decision do
not involve material facts, and her arguments made previously have
been thoroughly addressed. The decision in EEOC Appeal No. 01A13120
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
March 4, 2003
__________________
Date