0520120614
03-05-2013
Sherin W. Peters, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Sherin W. Peters,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520120614
Appeal No. 0120093282
Agency No. 1C152000308
DENIAL
Complainant timely requested reconsideration of the decision in Sherin W. Peters v. Department of Veterans Affairs, EEOC Appeal No. 0120093282 (August 3, 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).
BACKGROUND
In the underlying case, Complainant asserted that "inadequate legal representation" caused an EEOC Administrative Judge (AJ) to dismiss her hearing request on her EEO complaint resulting in the Agency issuing a final agency decision (FAD) concluding that Complainant failed to prove that the Agency subjected her to discrimination as alleged. In the underlying EEO complaint, Complainant asserts that that the Agency discriminated against her on the bases of sex (female), disability, age (55), and in reprisal for prior EEO activity when on May 4, 2008, a Manager of Distribution and Operations instructed Complainant to leave the mail center if she could not perform her regular job, stating there was no light duty work available. Specifically, the FAD found that Complainant failed to show that the legitimate nondiscriminatory reasons articulated by the Agency were pretext for discrimination.
The appellate decision affirmed the FAD's finding of no discrimination, reasoning that the record reflected that the Agency had in fact accommodated Complainant's physical limitations. The appellate decision reminded Complainant that the Agency was under no obligation to create a job for her, nor was it required to transform its temporary light duty assignments into permanent jobs to accommodate her disability.
ARGUMENTS ON RECONSIDERATION
In her request for reconsideration, Complainant requests that the Commission reconsider its appellate decision. In her request, Complainant reiterates her arguments from the previous appeal.
ANALYSIS AND FINDINGS
Complainant is reminded that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Ch. 9 � VII.A. (Nov. 9, 1999). Because Complainant has not put forth any arguments which the Commission finds to be material to the outcome of the underlying decision, or that were not previously considered in rendering the underlying decision, the Commission finds that Complainant has not demonstrated that the underlying decision involved a clearly erroneous interpretation of material fact or law. Neither has Complainant argued or demonstrated that the underlying decision would have a substantial impact on the policies, practices, or operations of the Agency.
CONCLUSION
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. 0120093282 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
__3/5/13________________
Date
2
0520120614
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120614