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.