Ruth Keene, Complainant,v.Pete Geren, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionAug 3, 2009
0520090528 (E.E.O.C. Aug. 3, 2009)

0520090528

08-03-2009

Ruth Keene, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.


Ruth Keene,

Complainant,

v.

Pete Geren,

Secretary,

Department of the Army,

Agency.

Request No. 0520090528

Appeal No. 0120080388

Hearing No. 540-2006-00119X

Agency No. ARFTHUA05NOV12055

DENIAL

Complainant timely requested reconsideration of the decision in Ruth Keene

v. Department of the Army, EEOC Appeal No. 0120080388 (May 12, 2009).

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 our previous decision, the Commission affirmed the agency's final

order, finding that complainant was not discriminated against based on

religion and in reprisal for prior protected EEO activity when she was

issued a letter of warning in November 2005 and not selected for the

Supervisor, Logistics Management Specialist position in September 2005.

Complainant, through her representative, requests that the Commission

reconsider its decision because the agency failed to provide her with

all of the documents she requested during discovery. Complainant also

requests reconsideration because she has only been referred for a

promotion once within the agency despite the fact that she has been

referred "several times" for positions outside the agency.

After reconsidering 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. We find that complainant is raising the same arguments

made on appeal. A request for reconsideration is not a second appeal.

Therefore, the decision in EEOC Appeal No. 0120080388 remains the

Commission's decision. There is no further right of administrative

appeal on the decision of the Commission on this request.

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

_______8/3/09___________

Date

2

0520090528

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0520090528