0520070876
03-30-2009
Racine Skelton, Complainant, v. Janet Napolitano, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.
Racine Skelton,
Complainant,
v.
Janet Napolitano,
Secretary,
Department of Homeland Security
(Transportation Security Administration),
Agency.
Request No. 0520070876
Appeal No. 0120072527
Hearing No. 230-2005-00229X
Agency No. HS04TSA001026
DENIAL
Complainant timely requested reconsideration of the decision in
Racine Skelton v. Department of Homeland Security (TSA), EEOC Appeal
No. 0120072527 (July 26, 2007). 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).
In requesting reconsideration, complainant contends that our previous
decision erroneously stated that complainant raised the claim that the
screening manager had a bias against women that led to her termination
for the first time on appeal, although complainant raised this claim in
her response to the agency's motion for a decision without a hearing.
However, upon review, we fully determine that our previous review fully
considered complainant's arguments regarding the role of the screening
manager in her termination. For instance, the appellate decision stated
that "neither the record, nor complainant presented evidence that the
[Screening Manager] was involved in complainant's termination; in fact,
we note that the termination was effected by managers senior to [the
Screening Manager]." Thus, we find that complainant failed to present
any arguments that would warrant a reconsideration of our previous
decision.
Consequently, 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 complainant's request. The decision in EEOC Appeal No. 0120072527
remains the Commission's decision.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z1008)
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
__ March 30, 2009________________
Date
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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