0520080729
09-10-2008
Teresa D. Wallace, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.
Teresa D. Wallace,
Complainant,
v.
Pete Geren,
Secretary,
Department of the Army,
Agency.
Request No. 0520080729
Appeal No. 0120070547
Hearing No. 410-2006-00086X
Agency No. ARGORDON04APR08124
DENIAL
Complainant timely requested reconsideration of the decision in Teresa
D. Wallace v. Department of the Army, EEOC Appeal No. 0120070547 (July
10, 2008). 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).
Complainant alleged that she was discriminated against on the bases of
disability (ulcerative colitis) and in reprisal for prior protected EEO
activity (arising under Title VII) when: (1) management made derogatory
comments concerning her performance during a Mid-Point Counseling session
on April 21, 2005; (2) management denied her request for reasonable
accommodation on April 20, 2005; (3) on February 21, 2005, management
threatened to charge her Absent Without Leave (AWOL) if she did not
provide additional medical documentation; and (4) management shared
her medical information with fellow workers. A hearing regarding this
matter was held by an EEOC Administrative Judge (AJ). The AJ issued a
decision finding no discrimination. The agency fully implemented the AJ's
decision. The Commission affirmed the finding of no discrimination.
In her request for reconsideration, complainant contends that the AJ erred
when he issued a finding of no discrimination. Complainant contends that
if the AJ had read the record regarding her medical condition, he would
have found that she was discriminated against. Complainant also maintains
that the AJ erred when he found that she was not credible because she
could not recall how many times she used the restroom at work due to her
ulcerative colitis. Finally, complainant maintains that at the appellate
level evidence must have been missed because a finding of discrimination
could not have been found if the complete record had been read.
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 find complainant failed to show that the appellate
decision involved a clearly erroneous interpretation of material fact
or law or that the appellate decision will have a substantial impact
on the policies, practices, or operations of the agency. Accordingly,
the decision in EEOC Appeal No. 0120070547 remains the Commission's
final 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 (P0408)
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 (Z0408)
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
09-10-08
__________________
Date
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0520080729
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080729