Buris E. Moffett, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 19, 2000
05a00607 (E.E.O.C. Oct. 19, 2000)

05a00607

10-19-2000

Buris E. Moffett, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Buris E. Moffett v. Department of the Army

05A00607

October 19, 2000

.

Buris E. Moffett,

Complainant,

v.

Louis Caldera,

Secretary,

Department of the Army,

Agency.

Request No. 05A00607

Appeal No. 01993546

Agency No. SAN96AR0350E

Hearing No. 360-97-8390X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Buris

E. Moffett v. Department of the Army, EEOC Appeal No. 01993546 (March

6, 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).

The underlying complaint alleged that complainant was discriminated

against based on her race (African-American), color (Black), and sex

(female), when: (1) in 1992, the cash award for which she had been

recommended was downgraded to a certificate of achievement; (2) since

October, 1990, she has been subjected to harassment, including the

issuance of a notice of removal on June 26, 1991, which was changed to

a written reprimand on June 10, 1992; and (3) from 1990 to May 19, 1993,

she was harassed by a Support Services Specialist, a Secretary, and the

Battalion Commander. Following a hearing, an EEOC Administrative Judge

(AJ) found no discrimination, and her findings and conclusions were

adopted by the final agency decision (FAD), which was affirmed in our

prior decision.

In her request for reconsideration, complainant asserts that with

respect to claim (1) above, discrimination is evidenced by the fact

that the Lieutenant Commander who downgraded the cash award recommended

by complainant's supervisor had only been in complainant's chain of

command for two weeks. 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. 01993546

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

October 19, 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.