Oressa Springs, Appellant,v.Robert E. Rubin, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionOct 23, 1998
05980852 (E.E.O.C. Oct. 23, 1998)

05980852

10-23-1998

Oressa Springs, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury, Agency.


Oressa Springs v. Department of the Treasury

05980852

October 23, 1998

Oressa Springs, )

Appellant, )

)

v. ) Request No. 05980852

) Appeal No. 01975814

Robert E. Rubin, ) Agency No. 97-1237

Secretary, )

Department of the Treasury, )

Agency. )

______________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On Wednesday, June 10, 1998, the Department of the Treasury (agency)

initiated a request to the Equal Employment Opportunity Commission

(EEOC) to reconsider the decision in Springs v. Dept. of the Treasury,

EEOC Appeal No. 01975814 (May 6, 1998). EEOC Regulations provide that

the Commissioners may, in their discretion, reconsider any previous

Commission decision. 29 C.F.R. �1614.407(a).

By regulation, requests for reconsideration must be filed within thirty

(30) calendar days after the party requesting reconsideration received our

previous decision. 29 C.F.R. �1614.407(b). Requests for reconsideration

are deemed filed on the date received by the Commission unless postmarked

earlier.

In this case, the agency's request for reconsideration was received by

the Commission in an envelope with a postage meter date of June 10, 1998.

The record reflects that the agency received our previous decision on May

8, 1998. Thus, the agency filed its request for reconsideration more than

thirty calendar days after it received the previous decision. Although,

in its request the agency asserts that the previous decision was received

by the agency on May 12, 1998, the green card receipt returned to the

Commission carries a "Treasury Department Foreign Assets Control" date

and time meter stamp, indicating that it was received by the agency on

May 8, 1998 at 1:58 p.m. The agency failed to submit justification for

extending the filing period beyond thirty days.

Accordingly, the agency's request for reconsideration is untimely

and is DENIED. The decision of the Commission in Appeal No. 01975814

remains the Commission's final decision. There is no further right

of administrative appeal from the decision of the Commission on this

request for reconsideration.

ORDER (E1092)

The agency is ORDERED to process the remanded allegations in accordance

with 29 C.F.R. �1614.108. The agency shall acknowledge to the appellant

that it has received the remanded allegations within thirty (30) calendar

days of the date this decision becomes final. The agency shall issue to

appellant a copy of the investigative file and also shall notify appellant

of the appropriate rights within one hundred fifty (150) calendar days

of the date this decision becomes final, unless the matter is otherwise

resolved prior to that time. If the appellant requests a final decision

without a hearing, the agency shall issue a final decision within sixty

(60) days of receipt of appellant's request.

A copy of the agency's letter of acknowledgement to appellant and a copy

of the notice that transmits the investigative file and notice of rights

must be sent to the Compliance Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the appellant. If the agency does not comply with the Commission's

order, the appellant may petition the Commission for enforcement of

the order. 29 C.F.R. �1614.503 (a). The appellant also has the right

to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,

the appellant has the right to file a civil action on the underlying

complaint in accordance with the paragraph below entitled "Right to File

A Civil Action." 29 C.F.R. �� 1614.408 and 1614.409. A civil action for

enforcement or a civil action on the underlying complaint is subject to

the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the

appellant files a civil action, the administrative processing of the

complaint, including any petition for enforcement, will be terminated.

See 29 C.F.R. �1614.410.

RIGHT TO FILE A CIVIL ACTION (R0993)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court. It is the position of the Commission that 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. You should be aware, however, that courts in some

jurisdictions have interpreted the Civil Rights Act of 1991 in a manner

suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR

DAYS from the date that you receive this decision. To ensure that your

civil action is considered timely, you are advised to file it WITHIN

THIRTY (30) CALENDAR DAYS from the date that you receive this decision

or to consult an attorney concerning the applicable time period in the

jurisdiction in which your action would be filed. In the alternative,

you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR

DAYS of the date you filed your complaint with the agency, or filed your

appeal with the Commission. 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.

Filing a civil action will terminate the administrative processing of

your complaint.

RIGHT TO REQUEST COUNSEL (Z1092)

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:

Oct. 23, 1998

_______________ ______________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat