05A31118
10-06-2003
Melody A.E. Winters, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Melody A.E. Winters v. Department of the Treasury
05A31118
10-06-03
.
Melody A.E. Winters,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A31118
Appeal No. 01A22879
Agency No. 00-1144
Hearing No. 250-A0-8309
DENIAL OF REQUEST FOR RECONSIDERATION
On August 5, 2003, Melody A.E. Winters (complainant) timely
initiated a request to the Equal Employment Opportunity Commission
(EEOC or Commission) to reconsider the decision in Melody A.E. Winters
v. Department of the Treasury, EEOC Appeal No. 01A22879 (June 19, 2003).
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).
Complainant claimed that, in September 1997, she was discriminated
against on the bases of disability (multiple sclerosis and depression)
and reprisal for opposing activities protected by Title VII, when the
agency terminated her during her probationary period. Complainant also
maintained that the agency embarked on a campaign of harassment that
culminated in her discharge. After a hearing, an EEOC AJ issued a
decision finding no discrimination. The agency adopted the AJ's decision
as its final action.
The AJ found that the agency articulated a legitimate, non-discriminatory
reason for its action, i.e., that complainant was terminated because she
was AWOL for four days and refused to provide adequate documentation
to explain her absence. Complainant felt that the agency's request
for the information was a violation of her privacy. The AJ also found
that complainant failed to show that she was harassed or subjected to
a hostile work environment. Finally, the AJ found that complainant
failed to show pretext. The previous decision, which assumed without
finding that complainant was an individual with a disability, affirmed
the agency's finding of no discrimination.
In her request for reconsideration, complainant reargued the facts
surrounding her claim that she was harassed and subjected to a hostile
work environment. She, however, did not establish that the appellate
decision involved a clearly erroneous interpretation of material fact or
law; or that it will have a substantial impact on the policies, practices,
or operations of the agency. Likewise, she did not show that the AJ's
decision was not supported by substantial evidence in the record. Finally,
we note that complainant did not address the AJ's determination that her
AWOL was a legitimate non-discriminatory reason for the agency to remove
her during her probationary period and that she failed to show pretext.
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. The decision in EEOC
Appeal No. 01A22879 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
____10-06-03______________
Date