0520110702
02-07-2012
Marlene A. Howard-Moore, Complainant, v. John M. McHugh, Secretary, Department of the Army, Agency.
Marlene A. Howard-Moore,
Complainant,
v.
John M. McHugh,
Secretary,
Department of the Army,
Agency.
Request No. 0520110702
Appeal No. 0120112083
Hearing No. 5705-2010-00452X
Agency No. ARMEDCOM09JUL02934
DENIAL
Complainant timely requested reconsideration of the decision in Marlene
A. Howard-Moore v. Department of the Army, EEOC Appeal No. 0120112083
(July 22, 2011). 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 our previous decision, the Commission affirmed the EEOC Administrative
Judge’s (AJ) finding that Complainant was not subjected to unlawful
discrimination when she was not selected for the position of EEO
Specialist.
In her request for reconsideration, Complainant reiterates arguments
previously raised on appeal, including her claim that the AJ improperly
denied her discovery request to obtain a copy of the Report of
Investigation (ROI) of an EEO complaint filed by a co-worker who
allegedly harassed her and stated that he did not like foreigners.
Complainant further contends that one of the Agency officials responsible
for her non-selection knew that Complainant previously worked as an EEO
Specialist and said that she wanted people working in the office who
could get along with each other.
Upon review, we find that our previous decision properly found
that Complainant failed to provide any evidence from which a
reasonable fact-finder could conclude that the Agency’s legitimate,
non-discriminatory reasons for its actions were pretext for unlawful
discrimination. We remind Complainant that a request for reconsideration
is not a second form of appeal. See Lopez v. Dep't of Agriculture,
EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive
for Part 1614 (EEO MD-110), Chap. 9, §VII.A. (Nov. 9, 1999).
Therefore, 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. 0120112083 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
February 7, 2012
Date
2
0520110702
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110702