05a01020
08-29-2000
S. Ann McCall, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
S. Ann McCall v. Department of Veterans Affairs
05A01020
08-29-00
.
S. Ann McCall,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A01020
Agency No. 99-0240
Hearing No. 150-99-8648X
DECISION
On July 13, 2000, S. Ann McCall (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in S. Ann McCall v. Togo D. West, Jr.,
Secretary, Department of Veterans Affairs, EEOC Appeal No. 01A02912
(June 28, 2000). EEOC regulations provide that the Commission may,
in its 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. 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and
hereinafter referred to as 29 C.F.R. � 1614.405(b)).<1> For the reasons
set forth below, the complainant's request is denied.
The issue presented is whether the previous decision properly found
that the agency did not discriminate against complainant based on her
sex and age (52) when a position was filled through lateral transfer.
In her complaint, complainant contended that she was not allowed to
compete for a position that was filled through the lateral transfer
of another employee. In the Request to Reconsider (RTR), complainant
contends that the affidavit of a witness was not the final version and
that the witness did not have sufficient time to prepare her document.
Neither of these matters, even if true, demonstrate that the agency's
reasons for its actions were pretextual or that the EEOC Administrative
Judge erred in issuing a decision without a hearing.
After a careful review of the record, the Commission finds that
complainant's request does not meet the regulatory criteria of 29 C.F.R. �
1614.405(b).
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. 01A02912 (June 28, 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 COMPLAINANTS' RIGHTS - ON 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
___08-29-00_______________
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 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.