05a50253
01-31-2005
Emma W. Senter, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Emma W. Senter v. Department of Veterans Affairs
05A50253
January 31, 2005
.
Emma W. Senter,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A50253
Appeal No. 01A43672
Agency No. 200I-0509-2003-100784
DENIAL
Emma W. Senter (complainant) timely requested reconsideration of the
decision in Emma W. Senter v. Department of Veterans Affairs, EEOC
Appeal No. 01A43672 (October 19, 2004). 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 the underlying complaint, complainant alleged that the agency
discriminated against her in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
Specifically, complainant contended that she was harassed and subjected
to disparate treatment on the bases of race (African American) and sex
(female) when:
on November 8, 2002, her supervisory responsibilities were taken away;
on November 14, 2002, her supervisor followed her around the operating
room;
on November 27, 2002, her supervisor paged her during her lunch break;
on July 11, 2002, she was asked to vacate the front office and relocate
to the back office;
on August 22, 2002, she was removed from the position of Acting Chief
of Supply Processing and Distribution;
on August 8, 2002, her supervisor spoke to her in a derogatory manner
after she expressed her concerns about his lack of communication with
her and because he was not treating her in the same manner as other
supervisors;
on July 30, 2002, she was instructed to complete a report without
receiving any training or instructions;
on July 24, 2002, her supervisor told another employee that he would
upgrade her position to a GS-8, if she would help him get rid of
complainant; and,
during the period of January 1998 through August 2002, she was not
temporarily promoted.
in 2001, he was the only person in his work unit not to receive a
performance bonus award.
The agency's final decision (FAD) dated April 12, 2004, found no
discrimination. Our prior appellate decision affirmed this finding.
In her request for reconsideration, complainant presents evidence in
support of her claim.
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. In reaching this conclusion, the Commission notes that a
review of the case file does not support any of complainant's contentions.
The decision in EEOC Appeal No. 01A43672 remains the Commission's final
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 (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
January 31, 2005
__________________
Date