05A30272
02-11-2003
Geraldine Williams, Complainant, v. Kenneth W. Dam, Acting Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Geraldine Williams v. Department of the Treasury
05A30272
February 11, 2003
.
Geraldine Williams,
Complainant,
v.
Kenneth W. Dam,
Acting Secretary,
Department of the Treasury,
(Internal Revenue Service),
Agency.
Request No. 05A30272
Appeal No. 01A14089
Agency No. 00-2196
DENIAL OF REQUEST FOR RECONSIDERATION
Geraldine Williams (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Geraldine Williams v. Department of the Treasury, EEOC
Appeal No. 01A14089 (October 23, 2002). 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).
In the underlying complaint, complainant contended that she was
discriminated against on the basis of her race (Black) and reprisal for
prior EEO activity in violation of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq., when:
between January 4, and April 28, 2000, she was harassed with regard to
her working conditions, assignment of duties, and duty hours;
her temporary promotion to the Quality Assurance Manager (QAM) position
was terminated, effective April 29, 2000; and,
following her removal from the QAM position, it was filled with employees
who all received promotions and were required to conduct only partial
monitoring duties.
On April 17, 2001, the agency issued its final agency decision (FAD)
which found that complainant had failed to show by a preponderance of the
evidence that she had been discriminated against on the bases of her race
and reprisal. Our prior appellate decision affirmed this finding. In her
request for reconsideration, complainant contends, among other things,
that the regulation cited by the agency as its authority to terminate
her, does not support termination based on unacceptable performance.
Complainant also contends that the agency never put in writing that the
primary duty was to monitor fifty calls per week. Complainant further
contends that there is no evidence in her performance file to support
management's claim that she exercised poor judgment and failed to follow
directions given by management. The agency did not file a response.
After a review of 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. In reaching
this conclusion, the Commission notes that complainant has failed to
produce any evidence that would show that our prior decision was based
on an erroneous interpretation of material fact or law. In addition,
complainant failed to produce any evidence that would show that our
prior decision will have a substantial impact on the policies, practices,
or operations of the agency. The decision in EEOC Appeal No. 01A14089
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
February 11, 2003
__________________
Date