Ollie M. Darby, Complainant,v.Spencer Abraham, Secretary, Department of Energy, Agency.

Equal Employment Opportunity CommissionApr 3, 2002
05A00653 (E.E.O.C. Apr. 3, 2002)

05A00653

04-03-2002

Ollie M. Darby, Complainant, v. Spencer Abraham, Secretary, Department of Energy, Agency.


Ollie M. Darby v. Department of Energy

05A00653, 05A00654, 05A00655, 05A00656

April 3, 2002

.

Ollie M. Darby,

Complainant,

v.

Spencer Abraham,

Secretary,

Department of Energy,

Agency.

Request Nos. 05A00653, 05A00654, 05A00655, 05A00656

Appeal Nos. 01A00441, 01A00442, 01990009, 01990007

Agency Nos. 98 115 OH, 98 041 OH, 98 175 OH, 98 191 OH

DENIAL OF REQUESTS FOR RECONSIDERATION

The complainant initiated requests to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Ollie

M. Darby v. Department of Energy, EEOC Appeal No. 01A00441, 01A00442,

01990009, 01990007 (March 22, 2000). 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 complainant's requests for reconsideration, the

previous decision, and the entire record, the Commission finds that

the requests fail to meet the criteria of 29 C.F.R. � 1614.405(b),

and it is the decision of the Commission to deny the requests.

The decision in EEOC Appeal No. 01A00441, 01A00442, 01990009, 01990007

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

April 3, 2002

__________________

Date

1The prior decision dismissed four appeals filed by complainant on

the grounds that they were premature, as the agency had not yet issued

final decisions on any of the four complaints. The Commission notes

that subsequent to the issuance of the prior decision, the agency issued

final decisions on all four complaints. Complainant has filed appeals

from the final agency decisions. The appeals are being reviewed by the

Commission under the following Appeal Numbers: 01A05655 (for Complaint

No. 98 115 OH); 01A05657 (for Complaint No. 98 041 OH); and 01A05658

(for Complaint Nos. 98 175 OH and 98 191 OH).