0520120595 0520130058
11-29-2012
Suzin M. Veney, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.
Suzin M. Veney,
Complainant,
v.
Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.
Request No. 0520120595
Request No. 0520130058
Appeal No. 0120121962
Agency No. SEA090612SSA
DENIAL
Complainant requested reconsideration of the decision in Suzin M. Veney v. Social Security Administration, EEOC Appeal No. 0120121962 (July 30, 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).
On September 4, 2012, Complainant filed a request for reconsideration of the previous decision. Upon filing her request, Complainant merely stated that an appellate brief would follow within thirty (30) days. On October 5, 2012, Complainant submitted a three page brief pertaining to the previous decision.1 Although she admits that the Agency complied with the provision of the settlement agreement requiring that she be reassigned, she reiterated her contention that she has been subjected to subsequent acts of harassment. According to Complainant, the agreement contained language ensuring that she would not be retaliated against for having filed a complaint. The previous decision, we note, informed Complainant hat she should seek EEO counseling regarding her allegations of subsequent harassment.
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 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. 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. Here, we find no evidence that Complainant has met the criteria for reconsideration. At the outset, we note that EEO MD-110 at 9-18 provides that "the requesting party must submit any supporting documents or briefs at the time the request is filed." (Emphasis added). Thus, unlike the filing of an appeal, our regulations do not provide an additional period of time for a party to submit arguments and evidence in support of a request for reconsideration. Moreover, even if we were to have considered Complainant's untimely brief, we note that the previous decision correctly informed her that she had to raise her allegations of subsequent harassment to an EEO counselor.
The decision in EEOC Appeal No. 0120121962 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
___11/29/12_______________
Date
1 Upon its receipt, Complainant's brief was erroneously docketed as a separate request for reconsideration, i.e., EEOC Request No. 0520130058. Accordingly, we will administratively close this request number because it is a duplicate of EEOC Request No. 0520120595.
---------------
------------------------------------------------------------
---------------
------------------------------------------------------------
2
0520120595
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013