05a00967
08-29-2000
Janet A. Bell, Complainant, v. Aida Alvarez, Administrator, Small Business Administration, Agency.
Janet A. Bell v. Small Business Administration
05A00967
08-29-00
.
Janet A. Bell,
Complainant,
v.
Aida Alvarez,
Administrator,
Small Business Administration,
Agency.
Request No. 05A00967
Appeal No. 01996471
Agency No. 02-96-526
DECISION
On July 11, 2000, Janet A. Bell (complainant) timely initiated a request
to the Equal Employment Opportunity Commission (the Commission) to
reconsider the decision in Janet A. Bell v. Aida Alvarez, Administrator,
Small Business Administration, EEOC Appeal No. 01996471 (May 23, 2000).
EEOC regulations provide that the Commission may, in its discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a clearly erroneous interpretation
of material fact or law; or (2) the decision will have a substantial
impact on the policies, practices or operation of the agency.
64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(b)).<1> For the reasons set forth
below, the complainant's request is denied.
The issue presented in this appeal is whether the previous decision
properly found that the agency did not discriminate against complainant in
reprisal for prior EEO activity when she was issued a notice of proposed
suspension, although she was not suspended.
In the Request to Reconsider (RTR), complainant asserts that the previous
decision was clearly erroneous. She repeats her claims on appeal but
does not demonstrate that the agency's reasons for proposing to suspend
her, i.e., that she falsified a leave request and was insubordinate,
were pretextual or based on prohibited considerations. That her former
superior may have engaged in improper activity or that officials in other
offices may have lost unrelated files does not demonstrate pretext.
After a careful review of the record, the Commission finds that
complainant's request does not meet the regulatory criteria of 29 C.F.R. �
1614.405(b).
CONCLUSION
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
complainant's request fails to meet any of the criteria of 29 C.F.R. �
1614.405(b), and it is the decision of the Commission to deny the
complainant's request. The decision of the Commission in EEOC Appeal
No. 01996471 (May 23, 2000) remains the Commission's final decision.
There is no further right of administrative appeal from a decision of
the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANTS' RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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
__08-29-00________________
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 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as
amended, may also be found at the Commission's website at www.eeoc.gov.