05A11076
12-21-2001
Marie L. Hendrix, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Marie L. Hendrix v. Department of the Navy
05A11076
December 21, 2001
.
Marie L. Hendrix,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A11076
Appeal No. 01A10340
Agency No. DON-00-00187-115
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Marie
L. Hendrix v. Department of the Navy, EEOC Appeal No. 01A10340 (August
8, 2001). 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).
Complainant filed a timely appeal with this Commission from an agency's
final decision (FAD), dated September 5, 2000, dismissing her complaint
of unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e
et seq. In her complaint, complainant alleged that she was subjected
to discrimination on the basis of reprisal (prior EEO activity), when
she was ordered to process HAZMAT receipts and objected because none
of the other supply technicians were required to process those receipts.
The complainant sought relief to the effect that the receipt processing
duties be equally distributed among the clerks.
The agency dismissed the complaint pursuant to EEOC Regulation 29
C.F.R. 1614.107(a)(1), for failure to state a claim. The Commission
found that the complaint was properly dismissed because a sufficient
factual basis had not been alleged for reprisal.
In her Request to Reconsideration (RTR), complainant states that she does
not agree with the decision's findings, and that she has not been able
to discuss the matter with her representative, because he has been on
bereavement leave. The issue presented is whether complainant's request
meets the criteria for reconsideration.
In order to merit the reconsideration of a Commission decision, the
requesting party must submit written argument that tends to establish
that at least one of the criteria of 29 C.F.R. � 1614.405(b) is met.
A request for reconsideration is not a second opportunity for appeal,
and the Commission's scope of review on a request is narrow. Lopez
v. Department of the Air Force, EEOC Request No. 05890749 (September 28,
1989); Regensberg v. USPS, EEOC Request No. 05900850 (September 7, 1990).
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), and it
is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01A10340 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 21, 2001
Date