05960759
10-01-1998
Anne L. Ayers, Appellant, v. Daniel S. Goldin, Administrator, National Aeronautics and Space Administration, Agency.
Anne L. Ayers v. National Aeronautics and Space Administration
05960759
October 1, 1998
Anne L. Ayers, )
Appellant, )
)
v. ) Request No. 05960759
) Appeal No. 01963007
Daniel S. Goldin, ) Agency No. NCN-95-HQS-A034
Administrator, )
National Aeronautics and Space )
Administration, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On August 11, 1996, Anne L Ayers (hereinafter referred to as appellant)
timely initiated a request to the Equal Employment Opportunity Commission
(EEOC) to reconsider the decision in Anne L. Ayers v. NASA, EEOC
Appeal No. 01963007 (July 12, 1996). EEOC regulations provide that the
Commissioners may, in their discretion, reconsider any previous decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation, or material fact, or a misapplication
of established policy, 29 C.F.R. �1614.407(c)(2); and the decision is of
such exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3). Appellant's request is denied.
After a review of appellant's request to reconsider, the previous
decision, and the entire record, the Commission finds that appellant's
request fails to meet any of the criteria of 29 C.F.R. �1614.407(c),
and it is the decision of the Commission to deny appellant's request.
The decision in EEOC Appeal No. 01963007 (July 12, 1996) remains the
Commission's final decision. There is no further right of administrative
appeal on a decision of the Commission on this Request to Reconsider. The
agency shall comply with the following order.
ORDER
Within 30 days of the date this decision becomes final, the agency shall
provide appellant with the opportunity to explain how the additional
allegations listed by appellant on appeal differ in any meaningful way
from the agency's framing of the complaint. Appellant shall also be given
the opportunity to explain to the agency exactly where she raised these
additional allegations in the complaint. Thereafter, within 60 days of
the date this decision becomes final, the agency shall reissue a final
agency decision defining the complaint. If the agency does not include
appellant's additional allegations in the framing of the complaint, then
the agency shall specifically explain how the additional allegations were
not raised in the complaint or how the additional allegations are the
same as the allegations already defined as being part of the complaint.
The agency shall provide appeal rights to the Commission in its new
decision defining the complaint. Appellant should be notified by letter
of all allegations which are being accepted for investigation. A copy
of the agency's new decision defining the complaint must be sent to the
Compliance Officer as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
STATEMENT OF RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (Q0993)
This decision affirms the agency's final decision in part, but it also
requires the agency to continue its administrative processing of a
portion of your complaint. You have the right to file a civil action
in an appropriate United States District Court on both that portion of
your complaint which the Commission has affirmed AND that portion of the
complaint which has been remanded for continued administrative processing.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
Oct. 1, 1998
__________________ _______________________________
DATE Frances M. Hart
Executive Officer
Executive Secretariat