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).