0520110716
02-24-2012
Sharon Black, Complainant, v. Ken L. Salazar, Secretary, Department of the Interior (Bureau of Land Management), Agency.
Sharon Black,
Complainant,
v.
Ken L. Salazar,
Secretary,
Department of the Interior
(Bureau of Land Management),
Agency.
Request No. 0520110716
Appeal No. 0120112351
Agency No. BLM-110122
Complainant timely requested reconsideration of the decision in
Sharon Black v. Dep’t of the Interior, EEOC Appeal No. 0120112351
(Aug. 19, 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 our previous decision, the Commission found that the Agency properly
dismissed Complainant’s complaint on the basis that it was initiated
by untimely EEO counselor contact.
In her request for reconsideration, Complainant contends that she
initiated EEO counselor contact before December 3, 2010, the 45th day
after she received a written reprimand. However, there is no evidence
to support Complainant’s claim that she made EEO counselor contact
by December 3, 2010. The Report of Counseling states that Complainant
initiated EEO counselor contact on December 20, 2010. Consequently,
our previous decision cited December 20, 2010, as the date on which
Complainant initiated EEO counselor contact.
We note that Complainant signed an Authorization for Extension of Time
Period for Pre-Complaint Stage stating that she had brought her claim to
the attention of an EEO counselor on December 13, 2010. Likewise, in the
Notice of Final Interview, the counselor stated that Complainant initiated
this claim on December 13, 2010. Thus, even if we consider December 13,
2010, as the date on which Complainant initiated EEO counselor contact,
Complainant’s counselor contact was beyond the 45-day time limit.
Consequently, we find that our previous decision properly found that
Complainant’s complaint was initiated by untimely EEO counselor contact.
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) (rev. Nov. 9,
1999), at 9-17; e.g., Lopez v. Dep’t of Agriculture, EEOC Request
No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is
an opportunity to demonstrate that the previous decision involved a
clearly erroneous interpretation of material fact or law; or (2) will
have a substantial impact on the policies, practices, or operations of
the Agency.
Therefore, 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. 0120112351 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
February 24, 2012
Date
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0520110716
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110716