05A30322_Porter
03-17-2003
Linda C. Porter, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.
Linda C. Porter v. Social Security Administration
05A30322
March 17, 2003
.
Linda C. Porter,
Complainant,
v.
Jo Anne B. Barnhart,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A30322
Appeal No. 01A15258
Agency No. 99-0235-SSA
Hearing No. 110-AO-8105X
DENIAL OF REQUEST FOR RECONSIDERATION
Linda C. Porter (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Linda C. Porter v. Social Security Administration, EEOC
Appeal No. 01A15258 (November 6, 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. Sec. 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. Sec. 1614.405(b),
and it is the decision of the Commission to deny the request. There is
some strength to complainant's arguments, particularly with respect
to the failure to the EEOC Administrative Judge (AJ) to abide by
the decision of our Office of Federal Operations in Porter v. Social
Security Administration, EEOC Appeal No. 01994101 (October 14, 1999).
Nevertheless, the previous decision correctly concluded that the agency's
final order should be affirmed. This is so because even if we had been
persuaded by complainant's arguments with respect to timeliness and
the adequacy of her prima facie case, there is no doubt that the AJ's
findings with respect to pretext are supported by substantial evidence.
Accordingly, the other appeal issues raised by complainant are, at worst,
harmless error.
For the foregoing reasons, the decision in EEOC Appeal No. 01A15258
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. Sec. 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 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 17, 2003
__________________
Date