0520120214
10-05-2012
Queen Allen-Smith, Complainant, v. Tom J. Vilsack, Secretary, Department of Agriculture (Rural Development), Agency.
Queen Allen-Smith,
Complainant,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture
(Rural Development),
Agency.
Request No. 0520120214
Appeal No. 0120103011
Agency No. RD-2006-02099
DENIAL
Complainant timely requested reconsideration of the decision in Queen Allen-Smith v. Department of Agriculture, EEOC Appeal No. 0120103011 (December 20, 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, we affirmed the Agency's final decision. Specifically, we found that the Agency properly dismissed Complainant's harassment claim pursuant to 29 C.F.R.
� 1614.105 (a) (1). We noted that Complainant's harassment claim occurred in January 2003, but Complainant did not contact an EEO Counselor until April 2006, well beyond the 45-day time limit. We also found that Complainant failed to establish that she was denied a reasonable accommodation for her disability in violation of the Rehabilitation Act as alleged.
We note that Complainant has not submitted a statement in support of her request for reconsideration. Complainant only submitted a request for an extension of time to file a statement. We responded to Complainant's request for an extension on January 18, 2012. Therein, we noted that the Commission does not offer extensions for the filing of a request for reconsideration, and supporting statements must be submitted concurrently with a timely request for reconsideration. See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (Nov. 9, 1999).
As such, we find that that Complainant's request does not establish that our previous decision involved a clearly erroneous interpretation of material fact or law, or that it 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. 0120103011 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
October 5, 2012
Date
2
0520120214
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013