05990777
11-05-1999
Linda A. Bowie, Appellant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Linda A. Bowie, )
Appellant, )
)
v. ) Request No. 05990777
) Appeal No. 01983817
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On June 7, 1999, appellant initiated a timely request to the Equal
Employment Opportunity Commission (EEOC) to reconsider the decision
in Bowie v. Department of Veterans Affairs, EEOC Appeal No. 01983817
(May 26, 1999). EEOC regulations provide that the Commission may, in its
discretion, reconsider any previous decision. 29 C.F.R. �1614.407(a). The
party requesting reconsideration must submit written argument or evidence
that tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established
policy, 29 C.F.R. �1614.407(c)(2); and the decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3). For the reasons set forth below, appellant's
request is denied.
Appellant filed an EEO complaint alleging discrimination based on race
(Black), sex (female), reprisal, and age (dob 4/30/98), with regard to
harassment (allegation 1) and assignment of duties on August 18, 1997
(allegation 2).
The FAD accepted allegation 2 for investigation. However, the FAD
dismissed allegation 1 for failure to bring the issue to the attention of
an EEO Counselor. The FAD also determined that allegation 1 was not like
or related to the issue of allegation 2, which was raised in counseling.
The FAD rejected appellant's assertion that she had discussed allegation
1 in counseling and referenced both the Counselor's report and a statement
by the Counselor.
On appeal, appellant contended that she had discussed both allegations 1
and 2 with the Counselor. She further argued that the alleged harasser
in allegation 1 (a former supervisor who is also the Medical Center's
Director), permitted a White employee to perform the assigned task in
allegation 2, thereby interfering with appellant's performance of the
duties appellant purportedly had been assigned.
The previous decision affirmed the FAD. The previous decision found
that, in her response to an agency inquiry seeking an explanation for
her failure to raise allegation 1 in counseling, appellant alleged that
her former supervisor harassed her. The previous decision noted that
appellant still had not provided a date for the alleged harassment. The
previous decision found no link between the alleged harassment by the
former supervisor (the Medical Director) and the disputed assignment by
the present supervisor. The previous decision declared that the alleged
harassment, which purportedly prevented appellant from completing the
assignment, did not make the two allegations like or related.
In her request for reconsideration, appellant argues that she discussed,
with an EEO Counselor, alleged reprisal by the former supervisor for
having filed prior EEO complaints against him. Appellant contends
that the former supervisor interfered with her immediate supervisor's
assignment of duties to her. Further, appellant suggests that the
Director's alleged actions were part of a pattern of continuing
harassment.
After a review of appellant's request to reconsider, the agency's response
thereto, the previous decision, and the entire record, the Commission
finds that her request fails to meet the criteria for reconsideration. It
is therefore the decision of the Commission to DENY appellant's request.
The decision of the Commission in EEOC Appeal No. 01983817 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal from a decision of the Commission on a request
for reconsideration.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
November 5, 1999
DATE Carlton M. Hadden, Acting Director Office of Federal
Operations