0520141528
10-17-2014
Complainant v. Charles F. Bolden, Jr., Administrator, National Aeronautics and Space Administration (Glenn Research Center), Agency.
Complainant
v.
Charles F. Bolden, Jr.,
Administrator,
National Aeronautics and Space Administration
(Glenn Research Center),
Agency.
Request No. 0520140292
Appeal No. 0120121528
Hearing No. 532-2009-00099X
Agency No. NCN08GRCA052
DENIAL
Complainant timely requested that the Commission reconsider its decision in EEOC Appeal No. 0120121528 (March 21, 2014). 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(c). For the reasons that follow, Complainant's request is DENIED.
This matter initially came before the Commission when Complainant appealed the Agency's final order adopting in a decision issued by an EEOC Administrative Judge finding that Complainant failed to prove discrimination and/or harassment on the bases of sex (female) and reprisal (prior EEO activity) when she observed increasingly secret communications among her contractor, technician, and student staff, which resulted in an investigation of her work and subsequent removal of her staff. On appeal, the Commission affirmed the Agency's adoption of the AJ's decision.
In her request for reconsideration, Complainant argues that the Commission's appellate decision involved a clearly erroneous interpretation of material fact or law in that it credited the AJ's finding that Complainant did not raise or offer proof of her 2008 EEO activity and therefore unfairly limited Complainant's reprisal claim to protected activity in which she had engaged in 2004. The Agency did not submit any argument in reply.
Complainant's argument that the Commission limited her reprisal claim to matters Complainant raised in 2004 is not consistent with information contained in the appellate decision. A review of the appellate decision demonstrates that the protected activities in which Complainant had engaged during 2008 were considered on appeal, and found by the Commission to have occurred after the Agency decided that Complainant's staff should be reassigned to different tasks requiring no interaction with Complainant. Complainant's argument that the Commission misinterpreted (or in this case, did not consider) material facts simply is not demonstrated by our reconsideration of this matter.
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(c), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120121528 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
October 17, 2014
Date
2
0520140292
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140292