Vanessa A. Neal, Complainant,v.Lawrence J. Delaney, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionJun 1, 2001
05990989_r (E.E.O.C. Jun. 1, 2001)

05990989_r

06-01-2001

Vanessa A. Neal, Complainant, v. Lawrence J. Delaney, Acting Secretary, Department of the Air Force, Agency.


Vanessa A. Neal v. U.S. Department of the Air Force

05990989

June 1, 2001

.

Vanessa A. Neal,

Complainant,

v.

Lawrence J. Delaney,

Acting Secretary,

Department of the Air Force,

Agency.

Request No. 05990989

Appeal No. 01975669

Agency No. SAN-96-AFO-422E

Hearing No. 310-97-5006X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Vanessa

A. Neal v. U.S. Department of the Air Force, EEOC Appeal No. 01975669

(July 1, 1999). 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).

In her request for reconsideration, complainant argues that the agency

failed to do a complete investigation of the instant complaint,

which concerns her non-selection for a Budget Analyst position.

Complainant further argues that the EEOC Administrative Judge (AJ) erred

when she failed to remand the complaint for further investigation,

and that the Commission erred by concurring in the AJ's decision.

Additionally, complainant contends that the previous decision relied

only on the AJ's decision, and so re-submits her appellate brief for

reconsideration. In response, the agency argues that complainant's

request for reconsideration does not satisfy the above criteria, and

asks that the Commission deny the request.

Notwithstanding complainant's arguments to the contrary, we find that

the previous decision specifically assessed the adequacy of the record,

and correctly found it to be sufficient. Moreover, we also find that the

previous decision was based on a review of the full evidentiary record,

including the arguments and evidence presented by complainant on appeal.

Therefore, after a review of the 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. The decision in EEOC Appeal No. 01975669 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 1, 2001

__________________

Date