0520120254
11-16-2012
Maria Agelli, Complainant, v. Kathleen Sebelius, Secretary, Department of Health and Human Services, Agency.
Maria Agelli,
Complainant,
v.
Kathleen Sebelius,
Secretary,
Department of Health and Human Services,
Agency.
Request No. 0520120254
Appeal No. 0120120337
DENIAL
Complainant timely requested reconsideration of the decision in Maria Agelli v. Department of Health & Human Services, EEOC Appeal No. 0120120337 (December 6, 2011). EEOC Regulations provide that the Commission may, in its discretion, grant a request to 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).
Complainant alleged that the Agency failed to process her pre-complaint filed on October 16, 2011. The Agency issued a letter to Complainant dated October 17, 2011, stating that the issues alleged were like or related to pending complaints. Complainant then appealed the Agency's letter to the Commission. In a letter dated December 6, 2011, the Commission administratively closed Complainant's appeal. The Commission noted that "the documents [Complainant] faxed to the Commission on October 23, 2011 do not involve a final agency decision. As such, we determine that the documents were erroneously documented as an appeal. Therefore, the matter is being administratively closed."
In a letter dated January 9, 2012, Complainant clarified that the Agency failed to provide her counseling regarding a non-selection claim. Complainant also requests that the Commission provide her with the proper forum to oppose the Agency's action, if the Commission is not the appropriate forum.1
We find that Complainant's request fails to demonstrate that the underlying decision involved a clearly erroneous interpretation of material fact or law or will have a substantial impact on the policies, practices, or operations of the agency. After reviewing 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. The decision in EEOC Appeal No. 0120120337 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
____11/16/12______________
Date
1 We note that if Complainant is dissatisfied with the processing of her pending complaint, whether or not it alleges prohibited discrimination as a basis for dissatisfaction, she should be referred to the Agency official responsible for the quality of complaints processing. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chapter 5, IV, D(1)-(3) (November 9, 1999). Agency officials should earnestly attempt to resolve dissatisfaction with the complaints process as early and expeditiously as possible. Id. The Agency Official responsible for the quality of complaints processing must add a record of the Complainant's concerns and any actions the Agency took to resolve the concerns, to the complaint file maintained on the underlying complaint. Id. If no action was taken, the file must contain an explanation of the Agency's reason(s) for not taking any action. Id. Complainant must always raise her concerns first with the Agency. Id.
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0520120254
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520120254