05A20460
06-12-2002
Betty Caprara, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Education Activity) Agency.
Betty Caprara v. Department of Defense
05A20460
June 12, 2002
.
Betty Caprara,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Education Activity)
Agency.
Request No. 05A20460
Appeal No. 01990459
Agency No. 95EKYCA002
Hearing No. 240-96-5073X
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of Defense (Agency) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Betty Caprara v. Department of Defense, EEOC Appeal
No. 01990459 (January 30, 2002). 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 the agency's request for reconsideration, 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 agency argues that
the Commission based its decision on an erroneous interpretation of
material fact in that it failed to consider complainant's request for
a �right to sue� letter and because it would not be in the interest
of justice to require a hearing at this time. The Commission notes
that the complainant's request for a �right to sue� letter under 29
C.F.R. �1601.28 does not apply in a case involving a federal employee and
therefore, it has no legal effect. In addition, there is no evidence
that complainant filed a civil action under 29 C.F.R. �1614.401 which
would serve to terminate the processing of her administrative complaint.
For these reasons, the agency has failed to demonstrate that the appellate
decision involved a clearly erroneous interpretation of material fact
or law and its petition is hereby DENIED.
The decision in EEOC Appeal No. 01990459 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 agency is directed to comply with the Order of the Commission set
forth below:
ORDER
The agency shall submit to the Hearings Unit of the EEOC's Indianapolis,
Indiana, District Office the request for a hearing and a copy of the
complaint file within fifteen (15) calendar days of the date this
decision becomes final. The agency shall provide written notification
to the Compliance Officer at the address set forth below that the
complaint file has been transmitted to the Hearings Unit. Thereafter,
the Administrative Judge shall issue a decision on the complaint in
accordance with 29 C.F.R. �1614.109 and the agency shall issue a final
action in accordance with 29 C.F.R. �1614.110.
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
June 12, 2002
Date