Carolyn Logan-King, Complainant,v.Cari M. Dominguez, Chair, Equal Employment Opportunity Commission, Agency.

Equal Employment Opportunity CommissionJan 3, 2002
05A10082 (E.E.O.C. Jan. 3, 2002)

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.