05990413
10-23-2001
Maryam Matin, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Maryam Matin v. Department of the Army
05990413
October 23, 2001
.
Maryam Matin,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05990413
Appeal No. 01974832
Agency No. BSEYFO9603G0100
Hearing No. 370-97-X2226
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Maryam Matin
v. Department of the Army, EEOC Appeal No. 01974832 (January 15, 1999).
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).
In the underlying complaint, complainant contended that she was
discriminated against on the bases of sex (female) and reprisal (prior
EEO activity)<1> in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., when:
she was not selected for one of two 120-day temporary positions as
Training Coordinator, GS-11;
her supervisor allegedly invaded her personal space and got too close
to her in order to intimidate her on December 18, 1995; and
her supervisor allegedly made false accusations about tardiness on
December 19, 1995.
On April 21, 1997, the EEOC Administrative Judge (AJ) found that
complainant had failed to show by a preponderance of the evidence that
she had been discriminated against on the bases of her sex and reprisal.
On April 28, 1997, the agency issued its final decision fully adopting the
AJ's decision and our prior appellate decision affirmed this finding.
In her request for reconsideration, complainant contends that her
supervisor was recently removed from his position which indicates that
the agency finally realized that he had engaged in sex discrimination.
Complainant also raises a new non-selection that occurred in September
1996. The agency argues that complainant has not submitted any evidence
or argument to support her request for reconsideration.
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. In reaching this
conclusion, the Commission notes that complainant presents new evidence
in support of her sex and reprisal discrimination claims. We decline
to consider this evidence where it is being raised for the first time
in a request for reconsideration. Based on the foregoing, the decision
in EEOC Appeal No. 01974832 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
October 23, 2001
__________________
Date
1 The record indicates that complainant participated in prior protected
activity under Title VII.