05970867
12-02-1999
Stuart M. Selikowitz, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Stuart M. Selikowitz v. Department of Veterans Affairs
05970867
December 2, 1999
Stuart M. Selikowitz, )
Complainant, )
) Request No. 05970867
v. ) Appeal No. 01954365
) Agency No. OEO No. 93-3403
Togo D. West, Jr., ) Hearing No. 160-94-8436X
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On June 20, 1997, the complainant timely initiated a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in Selikowitz v. Department of Veterans Affairs, EEOC Appeal No. 01954365
(May 23, 1997).<1> The Commission may, in its discretion, reconsider a
previous decision where the party demonstrates that: (1) the previous
decision involved a clearly erroneous interpretation of material fact or
law; or (2) the decision will have a substantial impact on the policies,
practices or operations of the agency. 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).
After a review of the complainant's request for reconsideration,
the agency's response thereto, the previous decision, and the entire
record, the Commission finds that the 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 complainant's request. The decision in EEOC
Appeal No. 01954365 remains the Commission's final decision.<2>
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:
Dec. 2, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_________________________
_________________________
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.
2We note that while the evidence supported the agency's explanations
for its actions, the record also showed that the complainant was a very
competent physician who provided excellent care to patients.