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.