Barbara Booker-Williams, Complainant,v.Carlos M. Gutierrez, Secretary, Department of Commerce, (National Oceanic and Atmospheric Administration), Agency.

Equal Employment Opportunity CommissionMar 16, 2006
05a60443 (E.E.O.C. Mar. 16, 2006)

05a60443

03-16-2006

Barbara Booker-Williams, Complainant, v. Carlos M. Gutierrez, Secretary, Department of Commerce, (National Oceanic and Atmospheric Administration), Agency.


Barbara Booker-Williams v. Department of Commerce

05A60443

March 16, 2006

.

Barbara Booker-Williams,

Complainant,

v.

Carlos M. Gutierrez,

Secretary,

Department of Commerce,

(National Oceanic and Atmospheric Administration),

Agency.

Request No. 05A60443

Appeal No. 01A53396

Agency No. 04500191

DENIAL

The agency timely requested reconsideration of the decision in Barbara

Booker-Williams v. Department of Commerce, EEOC Appeal No. 01A53396

(January 24, 2006). 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). However, we remind the agency 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

(rev. Nov. 9, 1999), at 9-17.

Here, the agency contends that some of the issues in this complaint

ought to be dismissed.<0> This Commission carefully considered all

of the record evidence at the time it rendered the initial decision

in question, and the agency has offered no persuasive reason why this

decision should be reconsidered now. Therefore, after reconsidering

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. 01A53396 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. The Commission directs

the agency to take corrective action in accordance with this decision

and the Order below.

ORDER

As a hearing had been timely requested, the matter is within the

jurisdiction of the EEOC Baltimore Field Office. The agency thereby is

ordered to forward the complete record to the Baltimore Field Office for

processing in accordance with 29 C.F.R. � 1614.109. The agency must send

a copy of the notice that transmits the complete record to the Hearings

Unit to the Compliance Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

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 complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant 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. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant 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. �� 1614.407 and 1614.408.

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)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

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

March 16, 2006

__________________

Date

0 1The question concerning whether any issue(s) ought to be dismissed

should be brought to the attention of the Administrative Judge.