05a50269
01-31-2005
Phebe Chin, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Phebe Chin v. Department of Veterans Affairs
05A50269
January 31, 2005
.
Phebe Chin,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50269
Appeal No. 01A35386
Agency No. 200P-2359
Hearing No. 340-A0-3241X
DENIAL
Phebe Chin (complainant) timely requested reconsideration of the decision
in Phebe Chin v. Department of Veterans Affairs, EEOC Appeal No. 01A35386
(October 19, 2004). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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 that the agency
discriminated against her, in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.,
the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29
U.S.C. � 621 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 (Asian), sex, disability (carpal tunnel syndrome), age (D.O.B., May
5, 1936), and reprisal for prior EEO activity. Complainant alleged that
she was subjected to unlawful discrimination when, on or about April 11,
2000, the agency redistributed her work in an unfair manner by including
psychiatric patients, which caused an unequal increase in workload.
An EEOC Administrative Judge (AJ) issued a decision without a hearing
finding that there were no genuine issues of material fact in dispute,
and that complainant failed to show that the agency's actions were
motivated by discriminatory or retaliatory animus. The agency's final
order adopted the AJ's finding of no discrimination, and on appeal the
Commission affirmed the agency's final order.
In support of her request for reconsideration, complainant submits
a lengthy brief addressing, in part, numerous contentions regarding
alleged deficiencies in the processing and investigation of her complaint.
We find, however, that complainant has failed to proffer any arguments or
evidence which address the merits of her accepted complaint. We remind
complainant that a �request for reconsideration is not a second appeal
to the Commission.� Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614, at 9-17 (rev. November 9, 1999).
Accordingly, after reconsidering 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. 01A35386 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
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
January 31, 2005
__________________
Date