05a50075
11-18-2004
Sharonda D. Eatmon, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Sharonda D. Eatmon v. Department of Justice
05A50075
11/18/04
.
Sharonda D. Eatmon,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A50075
Appeal No. 01A34039
Agency No. P-2001-02030
Hearing No. 140-2002-08268X
DENIAL OF REQUEST FOR RECONSIDERATION
Sharonda D. Eatmon (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Sharonda D. Eatmon v. Department of Justice, EEOC Appeal
No. 01A34039 (August 24, 2004). 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).
Complainant filed a formal complaint alleging discrimination on the basis
of disability (ankle injury) when she was terminated because she failed
to pass the physical fitness portions of training in Glynco, Georgia.
Following an investigation, complainant requested a hearing before an
EEOC Administrative Judge. Finding no dispute of material fact, the
AJ issued a decision without a hearing. In her decision, the AJ found
complainant failed to establish a prima facie case of discrimination.
In her Request for Reconsideration, complainant argues that the complaint
should be reexamined because the agency received additional time in which
to file their appeal brief. 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. Complainant failed to establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 01A34039 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
11/18/04
Date