05a60133
11-29-2005
Sallie Williams-Sloan, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Sallie Williams-Sloan v. Department of Veterans Affairs
05A60133
November 29, 2005
.
Sallie Williams-Sloan,
Complainant,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A60133
Appeal No. 01A53964
Agency No. 200N-0662-2004100156
DENIAL
Sallie Williams-Sloan (complainant) timely requested reconsideration of
the decision in Sallie Williams-Sloan v. Department of Veterans Affairs,
EEOC Appeal No. 01A53964 (September 15, 2005). 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., on the bases of race
(African-American), sex (female), color (brown), and age (D.O.B. March
13, 1946) when: (1) management failed to process her Office of Workers'
Compensation Programs form; and (2) on January 24, 2004, management
did not select her for the position of Housekeeping Aid, WG-3566-1/2,
MPA 141-03.
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).
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.<1> The decision in EEOC Appeal No. 01A53964 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
November 29, 2005
__________________
Date
1 In her request, complainant argues that
the previous decision was incorrect in stating that complainant did not
miss work. Assuming, arguendo, that complainant is correct, the record
does not support a finding of discriminatory animus or preferential
treatment toward individuals outside complainant's protected classes.