05a30408
03-19-2003
Sandra K. Morrison, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Sandra K. Morrison v. Department of the Army
05A30408
03-19-03
.
Sandra K. Morrison,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A30408
Appeal No. 01A00075
Agency No. BUFRFO9506F1300
Hearing No. 360-99-8459X
DECISION ON REQUEST TO RECONSIDER
On January 21, 2003, Sandra K. Morrison (complainant) timely initiated
a request to the Equal Employment Opportunity Commission to reconsider
the decision in Sandra K. Morrison v. Thomas E. White, Secretary,
Department of the Army, EEOC Appeal No. 01A00075 (December 16, 2002).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a clearly erroneous interpretation of
material fact or law; or (2) the decision will have a substantial impact
on the policies, practices or operation of the agency. 29 C.F.R. �
1614.405(b).
Complainant alleged discrimination based on race/color (black), sex, and
age (DOB 12-6-1950) when she was harassed for putting files in a drawer
instead of shredding them; accused of insubordination for refusing to
acknowledge a notice of counseling; and suspended for 10 days. The AJ
and the previous decision found that the agency did not discriminate
against her. On appeal, she sought to raise the basis of disability,
but this request was denied.
In her request, complainant repeated her argument on appeal that her
claim should be based on disability (mental) and not the bases alleged.
In support, she stated, inter alia, that, at all steps of the processing
of her complaint, agency officials should have directed her to amend
it to include a disability basis and that she believed she could not
claim disability due to a mental condition. The previous decision noted
that amendments to complaints of discrimination must occur within the
investigative process, including a hearing, and held that complainant
could not add a basis on appeal. In addition, we note that the complaint
form, signed by complainant, clearly allowed for the identification of
the basis of disability due to a mental condition.<1>
After a review of the 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. 01A00075 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
_03-19-03_________________
Date
1The complaint form lists the covered bases and at �disability� asks
whether �mental� or �physical.�