05A30881
06-25-2003
Laurie R. Hamlett, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Laurie R. Hamlett v. Department of Justice
05A30881
June 25, 2003
.
Laurie R. Hamlett,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Request No. 05A30881
Appeal No. 01A31418
Agency No. A-98-1046;
A-99-1052;
A-00-1004
Hearing No. 360-A0-8207x
DENIAL OF REQUEST FOR RECONSIDERATION
Laurie R. Hamlett (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Laurie R. Hamlett v. Department of Justice, EEOC Appeal
No. 01A31418 (April 29, 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).
In her underlying complaint, complainant alleged that she was
discriminated against on the bases of race (Caucasian), national
origin (Anglo-American), her sex, age (D.O.B. April 16, 1949), and in
reprisal for prior EEO activity in regard to numerous issues. At the
conclusion of the investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). The AJ issued a decision finding
no discrimination. The agency issued a final order adopting the
AJ's finding. On appeal to the Commission, we affirmed the agency's
final order.
We remind complainant that a �request for reconsideration is not a second
appeal to the Commission.� Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614, at 9-17 (rev. November 9, 1999).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that complainant's
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. 01A31418 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.
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 25, 2003
__________________
Date