Vanessa A. Nemara, Complainant,v.Rodney E. Slater, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity CommissionMay 18, 2000
05980012 (E.E.O.C. May. 18, 2000)

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.