05980330
12-14-2000
Linda Wilson, Complainant, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.
Linda Wilson v. Social Security Administration
05980330
December 14, 2000
.
Linda Wilson,
Complainant,
v.
Kenneth S. Apfel,
Commissioner,
Social Security Administration,
Agency.
Request No. 05980330
Appeal No. 01956904
Agency No. 40297
Hearing No. 280944380X
DENIAL OF REQUEST FOR RECONSIDERATION
Linda Wilson (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision in
Linda Wilson v. Social Security Administration, EEOC Appeal No. 01956904
(January 5, 1998).<1> 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 the 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).
While the previous decision incorrectly determined that complainant's
appeal brief was untimely, this error did not effect the outcome of
the decision. Based on the record before her at the time, including
complainant's response to the agency's Motion for Summary Judgment,
the Administrative Judge determined that complainant could not
perform one of the essential functions of her position, specifically,
�Spike� duties. Although complainant raised new arguments on appeal in
attempting to rebut the Administrative Judge's (AJ) determination that
�Spike� duties are an essential function of the position in question,
complainant failed to raise these arguments before the AJ, despite
the opportunity she was given to do so. Accordingly, after a careful
review of the record in its entirety, the Commission finds that the
previous decision correctly affirmed the agency's final decision of
no discrimination and it is the decision of the Commission to deny
complainant's request for reconsideration. The decision in EEOC Appeal
No. 01956904 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
December 14, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.