Gertrud Blair, Complainant,v.William S. Cohen, Secretary, Department of Defense, (Army & Air Force Exchange Service), Agency.

Equal Employment Opportunity CommissionOct 19, 2000
05a00608 (E.E.O.C. Oct. 19, 2000)

05a00608

10-19-2000

Gertrud Blair, Complainant, v. William S. Cohen, Secretary, Department of Defense, (Army & Air Force Exchange Service), Agency.


Gertrud Blair v. Department of Defense (AAFES)

05A00608

October 19, 2000

.

Gertrud Blair,

Complainant,

v.

William S. Cohen,

Secretary,

Department of Defense,

(Army & Air Force Exchange Service),

Agency.

Request No. 05A00608

Appeal No. 01992240

Agency No. 97-030

Hearing No. 350-97-8330X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Gertrud

Blair v. Department of Defense, EEOC Appeal No. 01992240 (March 13,

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 retaliated against

for prior EEO activity when: (1) she was counseled for leaving her

assigned work area without notifying the Food Manager; (2) she received

a written reprimand in December, 1996; (3) she was counseled on December

19, 1996, for leaving her assigned work area; and (4) on January 31,

1997, she was issued a Final Notice of Suspension for February 22-28,

1997. Following a hearing, an EEOC Administrative Judge (AJ) found no

retaliation, and the AJ's findings and conclusions were adopted by the

final agency decision (FAD), which was affirmed by our prior decision.

In her request for reconsideration, complainant contends that the

disciplinary actions at issue were unwarranted. Complainant also asserts

that her subsequent termination constituted discrimination based on

disability ("post-traumatic stress syndrome and a heart condition"), a

claim which was not raised in the instant complaint and is not before us.

Finally, complainant contends that there were adverse consequences for

her health insurance coverage resulting from her termination.

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. 01992240 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.