05A40863
06-16-2004
Tammy M. Long, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Tammy M. Long v. Social Security Administration
05A40863
June 16, 2004
.
Tammy M. Long,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A40863
Appeal No. 01A30995
Agency No. 01-321-SSA
Hearing No. 170-A2-8128X
DENIAL OF REQUEST FOR RECONSIDERATION
Tammy M. Long (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Tammy M. Long v. Social Security Administration, EEOC
Appeal No. 01A30995 (September 3, 2003). 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).
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 argues that
the AJ and our previous decision were based on an erroneous factual
conclusion, that the selecting official for the vacancy in question
was not aware that she was Hispanic. Complainant asserts that because
the agency had an affirmative action plan in place which required
agency officials and managers to target Hispanics in their hiring, the
selecting official was bound to know of her national origin. However,
it does not automatically follow from this fact that the selecting
official was aware of complainant's national origin and acted on this
knowledge with a discriminatory motive. As the Commission concluded in
its previous decision, complainant has offered no proof that the AJ's
finding of fact regarding the selecting official's knowledge was not
supported by substantial evidence in the record.
Therefore, the decision in EEOC Appeal No. 01A30995 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
June 16, 2004
__________________
Date