05a40059
11-09-2004
Sharon Makosky, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Sharon Makosky v. Department of Agriculture
05A50059
11/9/04
.
Sharon Makosky,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A50059
Appeal No. 01A44043
Agency No. 020668
DENIAL OF REQUEST FOR RECONSIDERATION
Sharon Makosky (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Sharon Makosky v. Department of Agriculture, EEOC Appeal
No. 01A44043 (August 26, 2004). EEOC Regulations provide that the
Commission may, in its discretion, 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).
Complainant filed a formal complaint alleging discrimination on the bases
of sex (female), age (over 40) and reprisal for prior EEO activity,
when: (1) in February 2002, she was denied an award; (2) in May 2002,
she was assigned a heavy workload; and (3) on August 12, 2002, she was
reassigned to an Accountant Technician position. The prior decision
affirmed the agency's final decision.
After a review of 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. In her
Request, complainant suggests that the agency's actions are indicative
of bias. However, she failed to establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
Complainant failed to present sufficient evidence, rather than argument,
that would prove that the agency's reasons for its actions are a
pretext for discrimination. The decision in EEOC Appeal No. 01A44043
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this 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
11/9/04
Date