05A30529
08-04-2003
Monica E. Clansy, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Monica E. Clansy v. Department of the Navy
05A30529
August 4, 2003
.
Monica E. Clansy,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05A30529
Appeal No. 01A20888
Hearing No. 370-A1-2127X
Agency No. DON 00-61581-006
DENIAL OF REQUEST FOR RECONSIDERATION
On March 10, 2003, Monica E. Clansy (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission or
EEOC) to reconsider the decision in Monica E. Clansy v. Department of the
Navy (March 5, 2003). EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. � 1614.405(b). The party requesting reconsideration must
submit written argument or evidence which tends to establish one or more
of the following two criteria: the appellate decision involved a clearly
erroneous interpretation of material fact or law; or the decision will
have a substantial impact on the policies, practices or operations of
the agency. Id.
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. In our
previous decision, the Commission affirmed the final decision of the
agency which fully implemented the Administrative Judge's finding of
no discrimination when complainant was not selected for the position of
Public Affairs Specialist GS-1035-7/9 based on race (African American)
and sex (female). Complainant argues that there was direct evidence
of discrimination in the form of numerous statements of the selecting
official prior to making her selection for the position and that she
persuasively demonstrated the agency's reasons for not selecting her
were a pretext for discrimination based on her race. More specifically,
complainant argues that she was �overwhelmingly better qualified for
the promotion than the white male selectee.� Complainant challenges the
Commission's conclusion, that even assuming the racist remarks attributed
to the selecting official (S/O) were made, there was no evidence of a link
between her statements and the non-selection. She further challenges
the Commission's consideration of the fact that S/O previously selected
complainant for another Public Affairs position because it should not
create the presumption of non-discrimination in the later non-selection.
Complainant's challenges do not persuade us that our previous decision
was incorrect or that it was based on an erroneous interpretation of law
or fact. Our decision addressed each and every one of the same arguments
complainant raises on reconsideration. Therefore, the decision in EEOC
Appeal No.01A20888 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 (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
August 4, 2003
Date