05a00131
06-22-2000
Mary Ann Aanenson Complainant, v. Lawrence H. Summers, Secretary Department of the Treasury Agency.
Mary Ann Aanenson v. Department of the Treasury
05A00131
June 22, 2000
Mary Ann Aanenson )
Complainant, )
) Request No. 05A00131
v. ) Appeal No. 01972523
Lawrence H. Summers, Secretary ) Agency No. 95-4257
Department of the Treasury ) Hearing No. 370-96-2350x
Agency. )
____________________________________)
DENIAL OF REQUESTS FOR RECONSIDERATION
On October 27, 1999, the complainant filed a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in Aanenson v. Department of the Treasury EEOC Appeal No. 01972523.<1>
The agency also filed a request to reconsider the same decision on or
about November 17, 1999. EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
64 Fed. Reg. 37,644, 37,656 (1999)(to be codified and hereinafter referred
to as EEOC Regulation 29 C.F.R. � 1614.405(b)). The party requesting
reconsideration must submit written argument or evidence which tends
to establish one or more of the following two criteria: the appellate
decision involved a clearly erroneous interpretation of material fact
or law; or the decision will have a substantial impact on the policies,
practices or operations of the agency. The complainant's and the agency's
requests are Denied.
After a review of complainant's and the agency's requests for
reconsideration, the previous decision, and the entire record, the
Commission finds that neither the complainant's nor the agency's request
meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of
the Commission to deny both requests. The decision of the Commission
in EEOC Appeal No. 01972523 remains the Commission's final decision.
There is no further right of administrative appeal from a decision of
the Commission on a request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
June 22, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.