05A21102
10-30-2002
Najwa U. Kirkendall, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Najwa U. Kirkendall v. Department of the Army
05A21102
October 30, 2002
.
Najwa U. Kirkendall,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A21102
Appeal No. 01A13491
Agency No. AVBWRE9812I0400
Hearing No. 350-99-8148
DENIAL OF REQUEST FOR RECONSIDERATION
Najwa U. Kirkendall (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Najwa U. Kirkendall v. Department of the Army, EEOC
Appeal No. 01A13491 (July 19, 2002). 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).
In her underlying complaint, complainant alleged she was discriminated
against on the bases of race (African-American), color (black), and
reprisal for prior protected EEO activity, in violation of Title VII
of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �
2000e et seq., when her duty hours were reduced between October 1996
and April 1997, and she was removed from her position in April 1997.
The EEOC Administrative Judge (AJ) held a hearing and issued a decision
finding that complainant failed to meet her burden of establishing that
the agency's legitimate, nondiscriminatory reasons were mere pretext for
discriminatory or retaliatory animus. The agency's final agency decision
(FAD) adopted the findings of the AJ. On appeal, the Commission affirmed
the FAD.
In her request for reconsideration, complainant reiterates arguments
previously made on appeal. Therefore, 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. 01A13491
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
October 30, 2002
__________________
Date