0520110278
05-12-2011
Stacie E. Onyon, Complainant, v. Gary Locke, Secretary, Department of Commerce, (Bureau of the Census), Agency.
Stacie E. Onyon,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce,
(Bureau of the Census),
Agency.
Request No. 05-2011-0278
Appeal No. 0120103126
Agency No. 09-63-00492D
DENIAL
Complainant timely requested reconsideration of the decision in Stacie E. Onyon v. Department of Commerce, EEOC Appeal No. 0120103126 (October 7, 2010). 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 that the Agency discriminated against her based on disability (Attention Deficit Hyperactivity Disorder) when it terminated her employment as an Enumerator, effective April 23, 2009, after a month of employment with the Agency. In Onyon v. Department of Commerce, EEOC Appeal No. 0120103126, the Commission AFFIRMED the Agency's finding of no discrimination. It found "Complainant failed to show that she was denied a reasonable accommodation or that any Agency actions were motivated by discrimination.1"
In her request for reconsideration, Complainant stated that the Agency made false accusations to justify her employment termination and that the investigative record is lacking.
After reconsidering 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. We find that Complainant reiterated prior contentions that were reviewed on appeal; and that Complainant had the right to request a hearing if she felt further fact-finding was appropriate but she waived her right to a hearing on an election form dated December 8, 2009. The decision in EEOC Appeal No. 0120103126 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
___May 12, 2011_____
Date
1 We note that EEOC Appeal No. 0120103126 did not address whether Complainant is a qualified individual with a disability.
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05-2011-0278
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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