05a10166
04-11-2001
James E. Wilkins v. Department of the Army 05A10166 04-11-01 .James E. Wilkins, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
James E. Wilkins v. Department of the Army
05A10166
04-11-01
.James E. Wilkins,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05A10166
Appeal No. 01982243
DENIAL OF REQUEST FOR RECONSIDERATION
On December 21, 2000, James E. Wilkins (hereinafter referred to as
complainant) initiated an appeal to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in James E. Wilkins
v. Louis Caldera, Secretary, Department of the Army, EEOC Appeal
No. 01982243 (December 8, 2000). EEOC Regulations provide that the
Commission may, in its discretion, reconsider any previous decision
where the party demonstrates that: (1) the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2)
the decision will have a substantial impact on the policies, practices,
or operation of the agency. 29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration, the agency's
response thereto, the previous decision, and the entire record, the
Commission finds that complainant's request does not meet the criteria in
29 C.F.R. � 1614.405(b). Therefore, it is the decision of the Commission
to deny complainant's request. The decision in EEOC Appeal No. 01982243
(December 8, 2000) remains the Commission's final decision. There is no
further right of administrative appeal on a decision of the Commission
on this Request for Reconsideration.
STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION
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
____04-11-01______________________________
Date