0520100108
01-23-2013
Lori Q. Benton, Complainant, v. Michael B. Donley, Secretary, Department of the Air Force, Agency.
Lori Q. Benton,
Complainant,
v.
Michael B. Donley,
Secretary,
Department of the Air Force,
Agency.
Request No. 0520100108
Appeal No. 0120092094
Agency No. 9R1M09040
DENIAL
Complainant timely requested reconsideration of the decision in Lori Q. Benton v. Department of the Air Force, EEOC Appeal No. 0120092094 (October 6, 2009). 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 the underlying appeal, Complainant alleged she was subjected to sex harassment. The Agency issued a decision dismissing Complainant's complaint of harassment. Complainant appealed to the Commission. The Commission found that with regard to 6 of her seven claims, Complainant failed to timely contact an EEO Counselor. The Commission further found that Complainant failed to state a claim with regard to claim 7. The Commission also determined that the seven claims were not sufficiently related to consider the seven claims together as one claim of harassment. Accordingly, the Commission affirmed the Agency's dismissal of the complaint. Complainant now requests that the Commission reconsider its decision
In her request for reconsideration, Complainant reiterates the facts regarding her case. Complainant also requests that the merits of the claims be considered despite the procedural defects in the case. The Agency argues that Complainant failed to meet the criteria for a request for reconsideration.
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 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Here, we find that Complainant has failed to meet this criteria. Accordingly, after reviewing 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. 0120092094 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
___1/23/13_______________
Date
2
0520100108
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100108