0520130005
03-15-2013
Sheila N. McKnight, Complainant, v. Chuck Hagel, Secretary, Department of Defense (Defense Commissary Agency), Agency.
Sheila N. McKnight,
Complainant,
v.
Chuck Hagel,
Secretary,
Department of Defense
(Defense Commissary Agency),
Agency.
Request No. 0520130005
Appeal No. 0120121919
Agency No. DECA-00066-2012
DENIAL
Complainant timely requested reconsideration of the decision in Sheila N. McKnight v. Department of Defense, EEOC Appeal No. 0120121919 (August 20, 2012). 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).
The previous decision affirmed the Agency's dismissal of Complainant's complaint for untimely EEO Counselor contact. Complainant had alleged discrimination on the bases of race, color, sex, age, and disability when she was subjected to a hostile work environment by her supervisor, from 2009 until the supervisor transferred to a new location on March 8, 2011. The previous decision found that she did not contact an EEO Counselor until January 9, 2012, which was well beyond the 45 days provided for at 29 C.F.R. � 1614.105(a)(1). It further found that she had not presented any persuasive arguments or evidence which would warrant an extension of the time limit to initiate EEO counseling.
Complainant filed a request for reconsideration in which she argued that she was not aware of and not notified of the time limits, and was not aware that the events she had been subjected to were discriminatory. She also claimed that she first talked to her union representative in September 2011, who in turn talked to the EEO Counselor about the situation. The Agency did not submit any statement or brief in opposition to Complainant's request for reconsideration.
We find that Complainant's request for reconsideration fails to show that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it would have a substantial impact on the policies, practices or operations of the Agency. Complainant's arguments in support of her request for reconsideration reiterated many of the arguments she made in support of her initial appeal. These arguments were adequately considered at that time. We note that a "request for reconsideration is not a second appeal to the Commission." E.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007); EEO Management Directive for Part 1614 (EEO MD-110), Chap. 9, �VII.A. (Nov. 9, 1999). Regarding her argument that she had first talked to her union representative about this issue, who in turn talked to the EEO Counselor, in September 2011, we find that, taking this allegation of earlier contact as true, Complainant's EEO contact is still well beyond 45 days from the last date of discrimination in March 2011.
After reviewing 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. 0120121919 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 (P0610)
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 (Z0610)
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
March 15, 2013
Date
2
0520130005
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520130005