0520120202
02-17-2012
Tracey E. Jermon, Complainant, v. Eric H. Holder, Jr., Attorney General, Department of Justice (Federal Bureau of Prisons), Agency.
Tracey E. Jermon,
Complainant,
v.
Eric H. Holder, Jr.,
Attorney General,
Department of Justice
(Federal Bureau of Prisons),
Agency.
Request No. 0520120202
Appeal No. 0120112947
Hearing No. 410-2010-00294X
Agency No. BOP-2009-0617
DENIAL
Complainant timely requested reconsideration of the decision in
Tracey E. Jermon v. Dep’t of Justice, EEOC Appeal No. 0120112947
(Nov. 14, 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 EEOC
Administrative Judge (AJ) properly issued a decision without a hearing
in which she found that Complainant had not established that she was
subjected to unlawful discrimination when the Agency failed to select
her for a Contract Specialist position.
In her request for reconsideration, Complainant contends that the “AJ
sua sponte granted a decision without a hearing to the Agency without
giving Complainant the opportunity to respond.” Upon review of the
record, we note that Complainant did not raise any argument on appeal.
Moreover, in requesting reconsideration, Complainant has not shown that
there was a genuine issue of material fact that required a hearing.
Likewise, Complainant has not shown that she presented any evidence
from which a reasonable fact-finder could conclude that the Agency’s
non-discriminatory explanation for her non-selection was pretext for
unlawful discrimination. Consequently, we find that Complainant failed
to show that our previous decision was clearly erroneous.
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. 0120112947 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 17, 2012
Date
2
0520120202
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0520120202