05980012
05-18-2000
Vanessa A. Nemara, Complainant, v. Rodney E. Slater, Secretary, Department of Transportation, Agency.
Vanessa A. Nemara v. Department of Transportation
05980012
May 18, 2000
Vanessa A. Nemara, )
Complainant, )
)
v. ) Request No. 05980012
) Appeal No. 01971717
) Agency Nos. 2-97-2006
Rodney E. Slater, ) 2-97-2007
Secretary, )
Department of Transportation, )
Agency. )
______________________________)
DENIAL OF REQUEST TO REOPEN
On October 1, 1997, Vanessa A. Nemara (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Nemara v. Department of Transportation, EEOC Appeal
No. 01970717 (September 2, 1997). In 64 Fed.Reg.37,644,37,656 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.106(d),
the regulations provide that the Commissioners may, in their discretion,
reconsider any previous Commission decision where the party demonstrates
that: (1) the previous decision involved clearly erroneous interpretation
of material fact or law; or (2) the decision will have a substantial
impact on the policies, practices or operation of the agency. 29 C.F.R. �
1614.405(b). Complainant's request is denied.<1>
After a review of complainant's request for reconsideration, the previous
decision<2> and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to affirm its decision in Appeal
No. 01970717. There is no further right of administrative appeal from
the decision of the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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
05-18-00
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1 On 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 64 Fed.Reg. 37,644 (1999), where applicable,
in deciding the present appeal. The regulations, as amended, may also
be found at the Commission's website at www.eeoc.gov.
2 The Commission views reprisal claims with a broad view of coverage;
under present Commission policy, claimed retaliatory actions which can be
challenged are not restricted to those which affect a term or condition
of employment; a complainant is protected from any discrimination which
is reasonably likely to deter protected activity. See EEOC Compliance
Manual Section 8, "Retaliation;" No. 915.003 (May 20, 1998), p. 8-15.
There is nothing to indicate nor any assertion by complainant, that
complainant was deterred in any way from engaging in protected activity.