05a50306
04-19-2005
Jacqueline Barnes, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Jacqueline Barnes v. Department of the Navy
05A50306
April 19, 2005
.
Jacqueline Barnes,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A50306
Appeal No. 01A43120
Agency No. 03-00027-N001
DENIAL
Jacqueline Barnes (complainant) timely requested reconsideration of the
decision in Jacqueline Barnes v. Department of the Navy, EEOC Appeal
No. 01A43120 (November 1, 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) (2004).
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 our previous decision, we affirmed the final
agency order because upon review of the record, we found that (1)
complainant did not prove her race discrimination claim because she
could not provide specific evidence, other than conclusory allegations,
that the agency's proffered reasons for its actions were pretextual;
(2) she was unable to establish a prima facie case of reprisal because
she failed to present facts that raise an inference of reprisal as
understood under federal employment discrimination (EEOC) laws; (3) she
did not meet her burden of showing, by a preponderance of the evidence,
that she reported co-worker harassment to her supervisor or that she was
banned from the office after her co-workers refused to work with her, and
(4) she did not successfully present a harassment claim because she did
not show that the incidents she alleged were so severe and pervasive as
to entitle her to relief under EEOC laws. See Barnes v. Dep't of the
Navy, EEOC Appeal No. 01A43120, at 5-7 (Nov. 1, 2004).
At the time we rendered that initial decision, we carefully considered
all of the record evidence. In her request for reconsideration,
complainant reiterated the arguments she raised previously in her
appeal to the Commission and offered no persuasive reason why the prior
decision should be reconsidered. 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,
at 9-17 (rev. Nov. 9, 1999) (emphasis added). As such, the decision
in EEOC Appeal No. 01A45785 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
April 19, 2005
__________________
Date