05A20675
07-16-2002
Bridgette Prince, Complainant, v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Agency.
Bridgette Prince v. Federal Deposit Insurance Corporation
05A20675
July 16, 2002
.
Bridgette Prince,
Complainant,
v.
Donald E. Powell,
Chairman,
Federal Deposit Insurance Corporation,
Agency.
Request No. 05A20675
Appeal No. 01A10096
Agency No. 9660
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Bridgette Prince v. Federal
Deposit Insurance Corporation, EEOC Appeal No. 01A10096 (March 22, 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).
In her formal complaint, complainant alleged that she was discriminated
against on the bases of her race (African American) and in reprisal for
prior protected activity arising under Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., when
she was not given veterans preference hiring consideration and was not
selected for several positions at the agency's Northeast Service Center
in Hartford, Connecticut. The appellate decision affirmed the agency's
finding of no discrimination after complainant withdrew her request for
a hearing. In her request for reconsideration, complainant attempts
to re-litigate her case but fails to present any evidence or argument
that was not previously considered by the Commission when we affirmed the
agency's final decision. Complainant also seems to suggest that there is
some significance to the fact that there were genuine issues of material
fact in dispute. Since complainant withdrew her request for a hearing,
the standards which are applied to determine whether summary judgment
was appropriate are not at issue herein. Even if complainant is correct
in arguing that the agency failed to follow proper hiring guidelines in
regard to her applications, she has failed to prove, by a preponderance of
the evidence, that the agency's actions were motivated by discriminatory
or retaliatory animus. The fact that approximately 3,000 current and
former Black employees of the agency filed suit alleging discrimination
in regard to promotions does not establish that the agency discriminated
against complainant in regard to hiring.
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. 01A10096 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
July 16, 2002
__________________
Date