Alberta Edwards, Complainant,v.Hershel W. Gober, Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionSep 28, 2000
05a00799 (E.E.O.C. Sep. 28, 2000)

05a00799

09-28-2000

Alberta Edwards, Complainant, v. Hershel W. Gober, Secretary, Department of Veterans Affairs, Agency.


Alberta Edwards v. Department of Veterans Affairs

05A00799

September 28, 2000

.

Alberta Edwards,

Complainant,

v.

Hershel W. Gober,

Secretary,

Department of Veterans Affairs,

Agency.

Request No. 05A00799

Appeal No. 01992178

Agency No. 970264

DENIAL OF REQUEST FOR RECONSIDERATION

Complainant (Alberta Edwards) initiated a request to the Equal Employment

Opportunity Commission (EEOC or Commission) to reconsider the decision

in Alberta Edwards v. Department of Veterans Affairs, EEOC Appeal

No. 01992178 (April 25, 2000).<1> 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).

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. Complainant argues

that the prior decision involved a clearly erroneous interpretation of

material fact. Specifically, complainant contends that she was told

by the agency's EEO representative who investigated her complaint that

the decision was going to be in her favor. Complainant argues that

she therefore did not request a hearing on the merits of her complaint,

and thus did not have the opportunity to place certain evidence in the

record. The record establishes that complainant was issued a notice

of right to request a hearing upon completion of the investigation.

Even assuming that an agency EEO representative led complainant to believe

that she was going to receive a favorable decision, complainant had the

opportunity on appeal to raise this contention, and the evidence to which

she alludes. She cannot now rely on it to gain reconsideration of the

prior decision. Accordingly, the decision in EEOC Appeal No. 01992178

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

September 28, 2000

__________________

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply

to all federal sector EEO complaints pending at any stage in the

administrative process. Consequently, the Commission will apply

the revised regulations found at 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.