0520090528
08-03-2009
Ruth Keene, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.
Ruth Keene,
Complainant,
v.
Pete Geren,
Secretary,
Department of the Army,
Agency.
Request No. 0520090528
Appeal No. 0120080388
Hearing No. 540-2006-00119X
Agency No. ARFTHUA05NOV12055
DENIAL
Complainant timely requested reconsideration of the decision in Ruth Keene
v. Department of the Army, EEOC Appeal No. 0120080388 (May 12, 2009).
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 our previous decision, the Commission affirmed the agency's final
order, finding that complainant was not discriminated against based on
religion and in reprisal for prior protected EEO activity when she was
issued a letter of warning in November 2005 and not selected for the
Supervisor, Logistics Management Specialist position in September 2005.
Complainant, through her representative, requests that the Commission
reconsider its decision because the agency failed to provide her with
all of the documents she requested during discovery. Complainant also
requests reconsideration because she has only been referred for a
promotion once within the agency despite the fact that she has been
referred "several times" for positions outside the agency.
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. We find that complainant is raising the same arguments
made on appeal. A request for reconsideration is not a second appeal.
Therefore, the decision in EEOC Appeal No. 0120080388 remains the
Commission's 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 (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
_______8/3/09___________
Date
2
0520090528
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520090528