Sandra K. Morrison, Complainant,v.Thomas E. White, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionMar 19, 2003
05a30408 (E.E.O.C. Mar. 19, 2003)

05a30408

03-19-2003

Sandra K. Morrison, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.


Sandra K. Morrison v. Department of the Army

05A30408

03-19-03

.

Sandra K. Morrison,

Complainant,

v.

Thomas E. White,

Secretary,

Department of the Army,

Agency.

Request No. 05A30408

Appeal No. 01A00075

Agency No. BUFRFO9506F1300

Hearing No. 360-99-8459X

DECISION ON REQUEST TO RECONSIDER

On January 21, 2003, Sandra K. Morrison (complainant) timely initiated

a request to the Equal Employment Opportunity Commission to reconsider

the decision in Sandra K. Morrison v. Thomas E. White, Secretary,

Department of the Army, EEOC Appeal No. 01A00075 (December 16, 2002).

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).

Complainant alleged discrimination based on race/color (black), sex, and

age (DOB 12-6-1950) when she was harassed for putting files in a drawer

instead of shredding them; accused of insubordination for refusing to

acknowledge a notice of counseling; and suspended for 10 days. The AJ

and the previous decision found that the agency did not discriminate

against her. On appeal, she sought to raise the basis of disability,

but this request was denied.

In her request, complainant repeated her argument on appeal that her

claim should be based on disability (mental) and not the bases alleged.

In support, she stated, inter alia, that, at all steps of the processing

of her complaint, agency officials should have directed her to amend

it to include a disability basis and that she believed she could not

claim disability due to a mental condition. The previous decision noted

that amendments to complaints of discrimination must occur within the

investigative process, including a hearing, and held that complainant

could not add a basis on appeal. In addition, we note that the complaint

form, signed by complainant, clearly allowed for the identification of

the basis of disability due to a mental condition.<1>

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. The decision

in EEOC Appeal No. 01A00075 remains the Commission's final decision.

There is no further right of administrative appeal on the 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

_03-19-03_________________

Date

1The complaint form lists the covered bases and at �disability� asks

whether �mental� or �physical.�