05a50008
11-01-2004
Karen M. Douglas, Complainant, v. Spencer Abraham, Secretary, Department of Energy, Agency.
Karen M. Douglas v. Department of Energy
05A50008
November 1, 2004
.
Karen M. Douglas,
Complainant,
v.
Spencer Abraham,
Secretary,
Department of Energy,
Agency.
Request No. 05A50008
Appeal No. 01A43006
Agency No. 03-4796-AL
DENIAL OF REQUEST FOR RECONSIDERATION
Karen M. Douglas (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Karen M. Douglas v. Department of Energy, EEOC Appeal
No. 01A43006 (August 23, 2004). 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 bases of sex (female), disability
(schizophrenia) and in 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., and Section 501 of the Rehabilitation Act
of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.,
when she was not selected for the position of GS-801-13/14, General
Engineer, advertised under Vacancy Announcement Number AL-QH-02-0139.
On February 11, 2004, the agency issued a final decision finding no
discrimination and our prior appellate decision affirmed this finding.
In her request for reconsideration, complainant essentially repeats
the arguments presented on appeal and contends that, insofar as the
Commission's prior decision found such arguments to be unpersuasive,
the prior decision contained clearly erroneous interpretations of fact
and law. 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. The decision in EEOC
Appeal No. 01A43006 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
November 1, 2004
__________________
Date