05970285
10-29-1998
Pauline M. Horvath, Appellant, v. Janice R. Lachance, Acting Director, Office of Personnel Management, Agency.
Pauline M. Horvath v. Office of Personnel Management
05970285
October 29, 1998
Pauline M. Horvath, )
Appellant, )
) Request No. 05970285
v. ) Appeal No. 01956761
) Agency No. 94-22
Janice R. Lachance, )
Acting Director, )
Office of Personnel Management, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On December 13, 1996, Pauline M. Horvath (hereinafter referred to as
the appellant) timely initiated a request to the Equal Employment
Opportunity Commission (the Commission) to reconsider the decision
in Pauline M. Horvath v. Janice R. Lachance, Acting Director, Office
of Personnel Management, EEOC Appeal No. 01956761 (October 25, 1996).
The record shows that appellant received the decision on November 15,
1996. EEOC regulations provide that the Commissioners may, in their
discretion, reconsider any previous decision. 29 C.F.R. �1614.407(a).
A party requesting reconsideration must submit written argument or
evidence which tends to establish one or more of the following criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); the decision is of such exceptional nature as
to have substantial precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of the appellant's request for reconsideration, the
agency's reply thereto, the previous decision, and the entire record, the
Commission finds that the appellant's request fails to meet the criteria
of 29 C.F.R. �1614.407(c), and it is the decision of the Commission to
deny the appellant's request. The decision in EEOC Appeal No. 01956761
(October 25, 1996) remains the Commission's final decision. There is no
further right of administrative appeal on a decision of the Commission
on a Request for Reconsideration.<1>
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
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. 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 (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 29, 1998
Date Frances M. Hart
Executive Officer
Executive Secretariat
1Appellant is reminded that if she still believes that the Department
of the Navy provided false information to the agency or took any other
action(s) calculated to lead to the issuance of the agency's January 12,
1994, letter in order to harass her based on her race or disability or
in retaliation for her prior EEO activity, the appellant should again
contact the Department of the Navy's EEO office to request EEO counseling
regarding the Department of the Navy's involvement in the issuance of
the letter. The appellant should include in any such request: (1)
a copy of her initial letter to the Department of the Navy requesting
counseling on this matter, and (2) a copy of this decision.