05a01199
02-15-2001
Mona L. Dogans, Complainant, v. Mel R. Martinez, Secretary, Department of Housing and Urban Development, Agency.
Mona L. Dogans v. Department of Housing and Urban Development
05A01199
02-15-01
.
Mona L. Dogans,
Complainant,
v.
Mel R. Martinez,
Secretary,
Department of Housing and Urban Development,
Agency.
Request No. 05A01199
Appeal No. 01A00402
Agency No. FW 97-32
Hearing No. 270-98-9124X
DECISION ON REQUEST TO RECONSIDER
On August 6, 2000, Mona L. Dogans (complainant) timely initiated a
request to the Equal Employment Opportunity Commission to reconsider the
decision in Mona L. Dogans v. Andrew M. Cuomo, Secretary, Department of
Housing and Urban Development, EEOC Appeal No. 01A00402 (July 13, 2000).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a 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. 29 C.F.R. �
1614.405(b).<1> For the reasons set forth below, the complainant's
request is denied.
The issue presented in this request is whether complainant's request
meets the criteria for reconsideration.
Complainant alleged discrimination based on race (black), sex, disability
(sinus allergy), age (over 40), and reprisal. Following an investigation,
complainant requested a hearing. An EEOC Administrative Judge (AJ)
reviewed the record and issued a decision without a hearing. The AJ
found no discrimination, and complainant filed an appeal. The previous
decision affirmed the finding of no discrimination, and complainant has
requested that the Commission reconsider the previous decision.
In order to merit the reconsideration of a prior 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.
The Commission's scope of review on a request for reconsideration is
narrow, and it is not a form of second appeal. Lopez v. Department of
the Air Force, EEOC Request No. 05890749 (September 28, 1989); Regensberg
v. USPS, EEOC Request No. 05900850 (September 7, 1990).
Complainant alleged discrimination when (a) she applied for a position
but the rating panel determined that she was not among the "best
qualified," and she was not selected; and (b) when her request for
computer training was denied. In her request, complainant asserted that
only former supervisors had been selected for the position, that the
agency ignored her disability, and that the agency denied her request
for computer training. None of these claims undermine the AJ's finding
that the agency did not discriminate against complainant. That former
supervisors may be rated higher than complainant does not, without more,
raise an inference of discrimination. Complainant has not shown a
causal connection between her impairment and the agency's selections.
Finally, with regard to computer training, the agency explained that
complainant had not included such training in her Individual Development
Plan (IDP). Complainant failed to demonstrate that any of the agency's
reasons were pretextual or the result of discriminatory factors.
After a review of the record and all submissions, we conclude that the
agency did not discriminate against complainant and deny her request
for reconsideration.
CONCLUSION
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
complainant's request fails to meet any of the criteria of 29 C.F.R. �
1614.405(b), and it is the decision of the Commission to deny the
complainant's request. The decision of the Commission in EEOC Appeal
No. 01A00402 (July 13, 2000) 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.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
___02-15-01_______________
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.