05A10082
01-03-2002
Carolyn Logan-King, Complainant, v. Cari M. Dominguez, Chair, Equal Employment Opportunity Commission, Agency.
Carolyn Logan-King v. Equal Employment Opportunity Commission
05A10082
January 3, 2002
.
Carolyn Logan-King,
Complainant,
v.
Cari M. Dominguez,
Chair,
Equal Employment Opportunity Commission,
Agency.
Request No. 05A10082
Appeal No. 01996375
Agency No. 09800069-RI
DECISION ON REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Carolyn
Logan-King v. Equal Employment Opportunity Commission, EEOC Appeal
No. 01996375 (October 13, 2000).<1> 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 Commission, however, reconsiders the case on its own motion to
modify the Order in the previous decision. In the previous decision,
the Commission remanded the complaint to the hearings unit of the
appropriate EEOC field office for scheduling of a hearing. Where a
hearing is requested, a case ordinarily is assigned to an Administrative
Judge of the Commission; however, where the EEOC is the respondent
agency, in accordance with Commission policy, the case is assigned to an
independent contract Administrative Judge not employed by the Commission.
Consequently, the Order in the previous decision is hereby MODIFIED to
provide for the proper assignment of an Administrative Judge.
In summary, the agency's request for reconsideration is DENIED.
The Commission, however, reconsiders the previous decision on its
own motion. The decision in EEOC Appeal No. 01996375 is MODIFIED.
ORDER
The complaint is remanded to the agency for assignment of an independent
contract Administrative Judge. The agency shall provide written
notification to the Compliance Officer at the address set forth below
that the assignment of a contract Administrative Judge has been arranged.
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 (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. 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 (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:
______________________________
Frances M. Hart
Executive Officer
Executive Secretariat
January 3, 2002
__________________
Date
1In the instant matter, the Equal Employment Opportunity Commission
is both the respondent agency and the adjudicatory authority.
The Commission's adjudicatory function is separate and independent
from those offices charged with the in-house processing and resolution
of discrimination complaints. For the purposes of this decision, the
term �Commission� or �EEOC� is used when referring to the adjudicatory
authority and the term �agency� is used when referring to the respondent
party in this action. The Chair has recused herself from participation
in this decision.