0520110712
03-14-2012
Sherrie West, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Sherrie West,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Request No. 0520110712
Appeal No. 0120093677
Agency No. NY-080746-SSA
DENIAL
Complainant timely requested reconsideration of the decision in Sherrie
West v. Social Security Administration, EEOC Appeal No. 0120093677
(August 8, 2011). 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 the underlying complaint, Complainant alleged she was discriminated
against on the basis of her age and in reprisal for prior EEO
activity when she was not selected for the position of a GS-7 Claims
Representative. The Agency conducted an investigation. When Complainant
did not request a hearing, the Agency issued a decision finding no
discrimination. Complainant appealed that decision to the Commission.
In West v. Social Security Administration, EEOC Appeal No. 0120093677,
the Commission found that Complainant failed to demonstrate that she
was subjected to discrimination as alleged. Complainant requests that
the Commission reconsiders its decision.
In her request for reconsideration, Complainant argues for the first
time that the Agency’s use of Federal Career Intern Program hiring
authority causes an adverse impact against older workers. Complainant
also reiterates her arguments previously raised on appeal. We remind
Complainant that a “request for reconsideration is not a second
appeal to the Commission.” Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-17 (November 9, 1999).
Accordingly, we decline to consider any new legal theories or previously
raised arguments in the request for reconsideration.
After reviewing 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. 0120093677 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 (P0610)
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 (Z0610)
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
___3/14/12_______________
Date
2
0520110712
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110712