0520120479
11-09-2012
Khris Johnson, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Khris Johnson,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Request No. 0520120479
Appeal No. 0120120947
Hearing No. 470-2011-00128X
Agency No. CHI100573SSA
DENIAL
Complainant timely requested reconsideration of the decision in Khris Johnson v. Social Security Administration, EEOC Appeal No. 0120120947 (May 15, 2012). 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).
BACKGROUND
In the appellate decision, Complainant alleged that the Agency discriminated against her on the bases of race (African-American), sex (female), and age (over 40) when she was not selected for the position of Social Insurance Specialist (Claims Representative-CR), GS-105-9/11, advertised under Vacancy Announcement Number (VAN) SI-J33976-10-IVOL-JV-234.1 The Agency issued a FAD which found that management had articulated legitimate, nondiscriminatory reasons for its actions, namely, that the selectee was chosen for the Claims Representative position because she had certain Claims Representative experience that Complainant did not. The Selecting Official also indicated that the selectee had received outstanding recommendations while Complainant's supervisor and her detail supervisor indicated that Complainant struggled with certain concepts. The FAD found that Complainant failed to show that the Agency's reasons were pretext for discrimination. The Commission affirmed the finding of no discrimination.
REQUEST FOR RECONSIDERATION
In her request for reconsideration, among other things, Complainant contends that it is obvious that age discrimination and preselection were involved in this case. In response, the Agency asks that Complainant's request for reconsideration be denied because Complainant has not met the requirements for reconsideration. Moreover, the Agency contends that Complainant has not presented any evidence which suggests that the Agency's articulated legitimate, nondiscriminatory reasons were pretext for discrimination.
ANALYSIS AND FINDINGS
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. We find that Complainant has failed to show that the appellate decision involved a clearly erroneous interpretation of material fact or law, or that the appellate decision will have a substantial impact on the policies, practices, or operations of the agency. Moreover, we find that, other than Complainant stating that age discrimination and preselection must have been involved in the selection, she has not provided any evidence which suggests that discriminatory animus was involved or that the Agency's articulated nondiscriminatory reasons were pretext for discrimination. Accordingly, the decision in EEOC Appeal No. 0120120947 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
___11/9/12_______________
Date
1 Complainant also alleged age, race and sex discrimination after management officials opened and viewed the contents of three personally addressed boxes she mailed to the office, and questioned her about them. The Agency dismissed this claim on September 8, 2010, and Complainant did not challenge that partial dismissal in her appeal, so the Commission did not review that issue.
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0520120479
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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