05A30544
04-03-2003
DeWayne Booker, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
DeWayne Booker v. Department of Labor
05A30544
04-03-03
.
DeWayne Booker,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Request No. 05A30544
Appeal No. 01A20295
Agency No. 00-06-069
DENIAL OF REQUEST FOR RECONSIDERATION
DeWayne Booker (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in DeWayne Booker v. Department of Labor, EEOC Appeal
No. 01A20295 (February 18, 2003). 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 complainant'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 decision in EEOC
Appeal No. 01A20295 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on these requests for reconsideration.<1>
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
___04-03-03_______________
Date
1In his request for reconsideration, complainant indicated that
�I'm accepting the legislation of free counsel.� To the extent that
complainant is under the impression that the Commission will provide
him with an attorney with regard to this matter, he is mistaken. If he
decides to pursue his discrimination claim in a United States District
Court, he may request that the Court appoint an attorney to represent him.
We refer complainant to the provisions below discussing his right to
file a civil action and his right to counsel.