Melody A.E. Winters, Complainant,v.John W. Snow, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionOct 6, 2003
05A31118 (E.E.O.C. Oct. 6, 2003)

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