05A20945
08-21-2002
Laura Palmer-Trenbeath, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Laura Palmer-Trenbeath v. Department of Transportation
05A20945
08-21-02
.
Laura Palmer-Trenbeath,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A20945
Appeal No. 01A02681
Agency No. 5-97-5086
Hearing No. 320-98-8116X
DENIAL OF REQUEST FOR RECONSIDERATION
Laura Palmer-Trenbeath (complainant) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Laura Palmer-Trenbeath v. Norman Y. Mineta, Secretary,
Department of Transportation, EEOC Appeal No. 01A02681 (June 11, 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).
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.<1> The decision
in EEOC Appeal No. 01A02681 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
____08-21-02______________
Date
1The Administrative Judge found that
complainant's supervisor and the Assistant Operations Manager made
derogatory comments about women working as air traffic controllers,
exhibited a patronizing manner towards women, made lewd comments, and
used foul language when referring to complainant. The Commission finds
such attitudes disturbing and we urge the agency to curb such practices
by taking appropriate corrective measures. However, in finding no
discrimination in this case, we agree with the AJ that complainant has
not presented evidence sufficient to establish that the supervisor's
denial of her request for credit hours resulted from the supervisor's
negative attitude toward women. The AJ pointed out that complainant did
not allege, nor did the agency accept as an issue, a claim of sexual
harassment as a result of these comments, but only whether the denial
of credit hours constituted sex discrimination.