0520110675
02-13-2012
Donna W. Bristow, Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.
Donna W. Bristow,
Complainant,
v.
Ray Mabus,
Secretary,
Department of the Navy,
Agency.
Request No. 0520110675
Appeal No. 0120100213
Agency No. 086279302655
DENIAL
Complainant timely requested reconsideration of the decision in Donna
W. Bristow v. Department of the Navy, EEOC Appeal No. 0120100213 (July
15, 2011). 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 appellate decision, Complainant appealed the Agency’s Final
Decision determining that she did not establish that she was discriminated
against on the basis of her age when she was not selected for a promotion.
The appellate decision affirmed the Agency’s finding that she was
not discriminated against as alleged. Complainant requests that the
Commission reconsider its decision in that case.
In her request for reconsideration, Complainant largely reiterates her
arguments made on appeal that she was more qualified that the selectee for
the position. We remind Complainant that a “request for reconsideration
is not a second appeal to the Commission.” Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-17 (November
9, 1999). Accordingly, we find that Complainant failed to establish that
the appellate decision involved a clearly erroneous interpretation of
material fact or law; or the appellate decision will have a substantial
impact on the policies, practices, or operations of the agency.
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(b), and it is the decision of the Commission to deny
the request. The decision in EEOC Appeal No. 0120100213 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
___2/13/12_______________
Date
2
0520110675
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110675