Theresa A. Harris, Complainant,v.Elaine L. Chao, Secretary, Department of Labor, Agency.

Equal Employment Opportunity CommissionJan 22, 2009
0520090112 (E.E.O.C. Jan. 22, 2009)

0520090112

01-22-2009

Theresa A. Harris, Complainant, v. Elaine L. Chao, Secretary, Department of Labor, Agency.


Theresa A. Harris,

Complainant,

v.

Elaine L. Chao,

Secretary,

Department of Labor,

Agency.

Request No. 0520090112

Appeal No. 0120083110

Agency No. CRC0804015

DENIAL

Complainant timely requested reconsideration of the decision in Theresa

A. Harris v. Department of Labor, EEOC Appeal No. 0120083110 (September

26, 2008). 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 our previous decision, we affirmed the agency's final decision

because a preponderance of the evidence of record does not establish

that discrimination occurred. We found that besides complainant's bare

assertions that a recommending official held discriminatory animus toward

her, the record did not establish that discrimination existed.

In her request for reconsideration, complainant reiterates the same

contentions that she argued in her original appeal. We find that

complainant's contentions were fully considered in the previous decision,

and 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. The decision in EEOC Appeal No. 0120083110 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 (P0408)

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 (Z1008)

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

January 22, 2009

Date

2

0520090112

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

2

0520090112