05A30010
12-06-2002
Patricia Harrison, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Patricia Harrison v. Department of Defense
05A30010
December 6, 2002
.
Patricia Harrison,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Request No. 05A30010
Appeal No. 01A11957
Agency No. 97-OHA011
DENIAL OF REQUEST FOR RECONSIDERATION
Patricia Harrison (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Patricia Harrison v. Department of Defense, EEOC Appeal
No. 01A11957 (August 27, 2002). Complainant alleged discrimination in
violation of Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, 42 U.S.C. � 2000e et seq. and Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq., on
the bases of race (African-American) and disability (stress, depression,
irritable bowel syndrome and panic attacks) when she was detailed to
unclassified duties not to exceed 120 days from November 12, 1996 to
March 11, 1997.
In her request for reconsideration complainant restates arguments
previously made on appeal. Specifically, complainant argues that
she was a qualified individual with a disability and provides medical
documentation of her stress, depression, irritable bowel syndrome and
panic attacks. In addition, complainant asserts that she has a �witness
that has knowledge of the event and is willing to speak on [her] behalf.�
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).
We find that assuming, arguendo, complainant is a qualified individual
with a disability within the meaning of the Rehabilitation Act she has,
nevertheless, failed to show how the previous appellate decision involved
a clearly erroneous interpretation of material fact or law. With respect
to complainant's disability claim, the previous decision concluded that
complainant failed to prove, by a preponderance of the evidence, that
she was discriminated against. The record indicates that complainant
failed to present evidence which would rebut the agency's articulated
legitimate, non-discriminatory reasons for its employment decision or
otherwise present evidence of discriminatory animus. With respect to
complainant's assertion that she has a witness who is willing to speak
on her behalf, complainant has yet to provide any witness statement
or specify the information that such witness may be able to provide.
Accordingly, complainant's assertion that she has a witness fails to
persuade the Commission that the previous decision was erroneous.
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. 01A11957 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
December 6, 2002
__________________
Date