05990889_r
05-16-2001
Yazmine F. Cook, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
Yazmine F. Cook v. Department of the Army
05990889
May 16, 2001
.
Yazmine F. Cook,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05990889
Appeal No. 01982467
Agency No. ANBKFO9803I0130
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Yazmine
F. Cook v. Department of the Army, EEOC Appeal No. 01982467 (June
15, 1999). EEOC Regulations provide that the Commission may, in
its discretion, 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).
After a review of complainant's request for reconsideration, the
agency's response thereto, 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 previous decision correctly found that the agency's
dismissal of claims (1), (3), and (4), was proper.
Regarding claim (2) in which complainant alleged that she had been given
assignments at the end of the day and expected to complete them prior
to leaving, the Commission previously affirmed the agency's dismissal
due to untimely EEO Counselor contact. In claim (2) the most recent
incident date was May 14, 1997. Upon review, the Commission finds that
complainant's EEO Counselor's contact on June 30, 1997, with regard
to the alleged incident was within the 45-day time limit to contact
an EEO Counselor. Nevertheless, the Commission finds that the alleged
incident failed to state a claim since complainant failed to show that
she sustained any harm or loss with respect to a term, condition, or
privilege of employment as a result of her supervisor's improper manner
of giving her assignments. Therefore, we find that claim (2) is properly
dismissed for failing to state a claim pursuant to � 1614.107(a)(1).
Based on the foregoing, the decision in EEOC Appeal No. 01982467
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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 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
May 16, 2001
__________________
Date