0520140453
03-12-2015
Complainant, v. Carolyn W. Colvin, Acting Commissioner, Social Security Administration, Agency.
Complainant,
v.
Carolyn W. Colvin,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 0520140453
Appeal No. 0120121478
Hearing No. 53120100125X
Agency No. OCO20090259SSA
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. Social Security Administration, EEOC Appeal No. 0120121478 (June 25, 2014). EEOC Regulations provide that the Commission may, in its discretion, grant a request to 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(c). For the following reasons, Complainant's request for reconsideration is denied.
BACKGROUND
In the appellate decision, Complainant alleged that the Agency discriminated against her on the bases of her disability, age (46), and in reprisal for her prior EEO activity when: 1. between June 2008 and December 2008, the Agency denied her advance sick leave and leave without pay requests; 2. She was charged with being AWOL on August 15, 2008; 3. an Agency official made a disparaging comment about employees between the ages 40 - 50; and 4. She was suspended for fourteen days without pay on March 30, 2009. Complainant claimed that these actions also constituted harassment. An EEOC Administrative Judge (AJ) issued a decision without a hearing finding no discrimination. The AJ also found that Complainant's harassment claim failed. The Commission affirmed the AJ's finding of no discrimination.
REQUEST FOR RECONSIDERATION ALLEGATIONS
In her request for reconsideration, Complainant contends that an article, dated May 15, 2014, in a local newspaper indicated that an audit of the Commission's findings revealed "failures" in the complaint process, and made more than 60 recommendations for improvements. Although she did not indicate how the article related to her case, Complainant requests "the Commission to effectuate a judicial review . . . ."
ANALYSIS AND FINDINGS
We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17. A reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or will have a substantial impact on the policies, practices, or operations of the Agency. Because Complainant has not put forth any arguments which the Commission finds to be material to the outcome of the underlying decision, we find that the request fails to meet the criteria of 29 C.F.R. � 1614.405(c), and it is the decision of the Commission to deny the request. Accordingly, the decision in EEOC Appeal No. 0120121478 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
__3/12/15________________
Date
2
0520140453
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140453