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.