05A30299
03-04-2003
Vanessa M. Welch, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Vanessa M. Welch v. Department of Agriculture
05A30299
March 4, 2003
.
Vanessa M. Welch,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A30299
Appeal No. 01A13233
Agency No. 99-0822
DENIAL OF REQUEST FOR RECONSIDERATION
Vanessa M. Welch (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Vanessa M. Welch v. Department of Agriculture, EEOC Appeal
No. 01A13233 (July 5, 2002). 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).
However, we remind complainant that a �request for reconsideration is
not a second appeal to the Commission.� Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (rev. Nov. 9, 1999), at 9-17.
In the underlying complaint, complainant alleged that she was
discriminated against in violation of Title VII of the Civil Rights Act
of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., on the bases
of her race (Black) and reprisal for prior EEO activity when, since 1990:
(1) her requests to attend FOCUS Top Gun and ISMS Users Conferences were
denied; and (2) a derogatory statement was placed in her 1993 Performance
Appraisal (PA). The Commission affirmed the final agency decision (FAD)
finding no discrimination.
In her request for reconsideration, complainant restates arguments
previously made, and additionally contends that the Commission ignored
material facts in this case, and failed to sanction the agency for
violations throughout the duration of the case.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, 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. The decision
in EEOC Appeal No. 01A13233 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
March 4, 2003
__________________
Date