Emeline B. Ladeau, Complainant,v.Michael W. Wynne, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionMay 29, 2009
0520090386 (E.E.O.C. May. 29, 2009)

0520090386

05-29-2009

Emeline B. Ladeau, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.


Emeline B. Ladeau,

Complainant,

v.

Michael W. Wynne,

Secretary,

Department of the Air Force,

Agency.

Request No. 0520090386

Appeal No. 0120090703

Agency No. 5X1L06028

DENIAL

Complainant timely requested reconsideration of the decision in Emeline

B. Ladeau v. Department of the Air Force, EEOC Appeal No. 0120090703

(March 19, 2009). 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(b).

In her request, complainant restates many of the arguments she previously

presented in her lengthy, seventy-five page, appeal statement. For

example, complainant reiterates her belief that she was subjected to

"continuing violations of harassment", thereby causing her termination

claim to be timely. She again attacks the quality of the Report of

Investigation and the EEOC Administrative Judge's (AJ) decision to issue

summary judgment.

In response, the agency observes that complainant raises the same matters

"as she did in her previous appeal . . . ." Regarding her termination,

the agency considers complainant's arguments an attempt to re-litigate

a matter that was properly dismissed. Complainant raised the issue in

the grievance process and was untimely raised with an EEO counselor.

The agency maintains that the AJ's finding of no discrimination was

proper. Applicants as qualified as complainant, and also only applied

for the CC-03 position were not treated any differently. Moreover,

asserts the agency, the selecting official stated she would not have

selected complainant even if she was on the CC-01 referral list due to

the reasons for her termination.

We remind complainant that a "request for reconsideration is not a second

appeal to the Commission." Equal Employment Opportunity Management

Directive 110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9.

Therefore, after reconsidering 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. 0120090703 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 (P0408)

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 (Z1008)

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

May 29, 2009

__________________

Date

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0520090386

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

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0520090386