Patricia A. Moody, Complainant,v.John Ashcroft, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionOct 21, 2003
05A31271 (E.E.O.C. Oct. 21, 2003)

05A31271

10-21-2003

Patricia A. Moody, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.


Patricia A. Moody v. Department of Justice

05A31271

10-21-03

.

Patricia A. Moody,

Complainant,

v.

John Ashcroft,

Attorney General,

Department of Justice,

Agency.

Request No. 05A31271

Appeal No. 01A21103

Agency No. P-20-0119

Hearing No. 110-A1-8096X

DENIAL OF REQUEST FOR RECONSIDERATION

Patricia A. Moody (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Patricia A. Moody v. Department of Justice, EEOC Appeal

No. 01A21103 (August 6, 2003).<1> 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).

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. 01A21103 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

___10-21-03_______________

Date

1 In her request for reconsideration, complainant maintains that the

agency transferred her to an Administrative Officer position in the

Inmate Systems Department that is not �similarly situated� to her

previous position thereby violating the Administrative Judge's order.

A fair reading of complainant's contention indicates that she is raising

a new allegation of retaliation when the agency transferred her position

to a different department. Complainant is advised that if she wishes

to pursue, through the EEO process, this allegation, she shall initiate

contact with an EEO counselor within 15 days after she receives this

decision. The Commission advises the agency that if complainant seeks

EEO counseling regarding the retaliation allegation within the above 15

day period, the date complainant filed the request for reconsideration,

September 2, 2003, shall be deemed to be the date of initial EEO contact,

unless she previously contacted a counselor regarding this matter, in

which case the earlier date should serve as the EEO counselor contact

date. See Qatsha v. Department of the Navy, EEOC Request No. 05970201

(January 16, 1998).