05980152
12-21-2000
Sheila T. Rinehart, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Sheila T. Rinehart v. Department of the Army
05980152
December 21, 2000
.
Sheila T. Rinehart,
Complainant,
v.
Louis Caldera,
Secretary,
Department of the Army,
Agency.
Request No. 05980152
Appeal No. 01955778
Agency No. 94-02-0122
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Sheila
T. Rinehart v. Department of the Army, EEOC Appeal No. 01955778 (October
28, 1997).<1> 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).
In his request for reconsideration, complainant's attorney contends that
the EEOC considered only minor incidents of harassment so as to lay
the groundwork for a decision that an objectively hostile or abusive
work environment did not exist. He cites in particular the severity
of one supposedly ignored incident in which the alleged discriminating
official screamed at complainant and shook his fist in her face, having
previously shut the door to prevent her from leaving the office where
they were working. We note, however, that this incident was mentioned
in our previous decision, and that an investigation disclosed that
the incident was considerably less severe than the request alleges.
In addition, other incidents were mentioned in our prior decision which
the request also claims were ignored, but which we concluded were not
severe enough or pervasive enough to constitute a hostile or abusive
working environment under Harris v. Forklift Systems, Inc. 510 U.S. 17, 21
(1993). We further find that the request has not presented any evidence
or argument that was not previously considered by the Commission when
we affirmed the agency's final decision.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission therefore 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. 01955778 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
December 21, 2000
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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.