Lakshmi M. Kumar, Complainant,v.Thomas E. White, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionMar 4, 2003
05A30223 (E.E.O.C. Mar. 4, 2003)

05A30223

03-04-2003

Lakshmi M. Kumar, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.


Lakshmi M. Kumar v. Department of the Army

05A30223

March 4, 2003

.

Lakshmi M. Kumar,

Complainant,

v.

Thomas E. White,

Secretary,

Department of the Army,

Agency.

Request No. 05A30223

Appeal No. 01A13120

Agency Nos. BODVFO980210150; BODVFO9904J0190

Hearing No. 110-A0-8109X

DENIAL OF REQUEST FOR RECONSIDERATION

Lakshmi M. Kumar (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Lakshmi M. Kumar v. Department of the Army, EEOC Appeal

No. 01A13120 (September 26, 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 her underlying complaint, complainant alleged she was discriminated

against and subjected to a hostile work environment on the bases of race

(Asian), national origin (Indian), religion (Hindu), and in reprisal

for prior protected activity, in violation of Title VII of the Civil

Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.

An EEOC Administrative Judge (AJ) held a hearing and issued a decision

finding that complainant failed to show that the agency's legitimate,

nondiscriminatory reasons for its actions were pretexts for discriminatory

or retaliatory animus. The AJ also found that the discriminatory actions

alleged failed to rise to the level of actionable hostile work environment

discrimination under Title VII. The agency's final agency order, which

the Commission affirmed on appeal, adopted the findings of the AJ.

In her request for reconsideration, complainant alleges that the

Commission erred in affirming the agency's final order. Complainant also

reiterates several contentions made below, and objects to the wording of

certain portions of the Commission's decision on appeal. 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. We find that complainant's

contentions with respect to the language in the appeal decision do

not involve material facts, and her arguments made previously have

been thoroughly addressed. The decision in EEOC Appeal No. 01A13120

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

March 4, 2003

__________________

Date