0520110089
12-15-2010
Teal D. Amaro, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Teal D. Amaro,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520110089
Appeal No. 0120102056
Hearing No. 530-2007-00202X
Agency Nos. 2004-0613-2006-101078
2004-0631-2007-103951
DENIAL
Complainant timely requested reconsideration of the decision in Teal D. Amaro v. Department of Veterans Affairs, EEOC Appeal No. 0120102056 (September 14, 2010). 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).
In our previous decision, we affirmed the administrative judge's (AJ) finding that Complainant failed to establish the Agency's reasons were pretext for discrimination. We further concluded that, assuming without finding Complainant is an individual with a disability, Complainant's request for teleworking did not qualify as a reasonable accommodation given the parameters of her job functions.
In her request, Complainant through counsel argues she "deserves more than cursory denial of her claims by the Judge [and] a better review of the case than a summary affirmation of the judge's decision." Therein, Complainant contends the AJ's findings are not supported by the record. Specifically, the record purportedly does not reveal any legitimate reasons for certain of the Agency's actions.
After reconsidering 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. We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive 110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9. The decision in EEOC Appeal No. 0120102056 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
December 15, 2010
__________________
Date
2
0520110089
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110089