05990495
07-06-2000
Mary F.A. Seymour, Complainant, v. F. Whitten Peters, Secretary, Department of the Air Force, Agency.
Mary F.A. Seymour v. Department of the Air Force
05990495
July 6, 2000
Mary F.A. Seymour, )
Complainant, )
) Request No. 05990495
v. ) Appeal No. 01976177
) Agency No. AL900970591
F. Whitten Peters, )
Secretary, )
Department of the Air Force, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 22, 1999, Mary F. A. Seymour (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Seymour v. Dept. of the Air Force, EEOC
Appeal No. 01976177 (February 19, 1999).<1> EEOC regulations provide
that the Commissioners may, in their discretion, reconsider any previous
decision where the party demonstrates that: (1) the previous decision
involved clearly erroneous interpretation of material fact or law;
or (2) the decision will have a substantial impact on the policies,
practices or operation of the agency. 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).
The record indicates that complainant contacted an EEO counselor
in November 1996 complaining of being harassed based on numerous
incidents such as being required to submit leave slips in advance, not
having overtime approved, and being required to bring notes from her
doctor, which led up to her subsequent removal. Complainant was given
a notice of final interview (NOFI) on April 9, 1997, which included the
appropriate time frame for filing a complaint and the information needed.
Complainant contacted the agency on April 29, 1997, seeking an extension
of time of 45 days. The agency indicated it was willing to extend
the time frame from the date complainant received the NOFI. However,
by May 23, 1997, no complaint was filed.
The agency issued a final agency (FAD) decision on May 23, 1997,
dismissing the complaint because complainant failed to file a formal
complaint. The FAD gave complainant appeal rights to the Commission,
and complainant properly filed an appeal. The previous decision upheld
the dismissal. In her request, complainant attaches a copy of arguments
she made on appeal. She also submits a copy of an arbitrator's decision
which found in her favor. However, complainant does not dispute that
she failed to file a formal complaint.
The Commission notes that in August 1997, complainant had a hearing
before an arbitrator concerning a grievance that addressed her removal
from the agency. On November 10, 1997, the arbitrator found that the
agency failed to reasonably accommodate complainant and her removal was
not for just cause. Thus, it appears that the grievance process allows
for claims of discrimination to be raised, and as such complainant
elected to use the grievance process. As such, she cannot now file a
discrimination claim on the same matter. 29 C.F.R. � 1614.301(a).
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. �1614.405(b), and it
is the decision of the Commission to deny complainant's request. The
decision of the Commission in Appeal No. 01976177 remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on a request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
July 6, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.