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