05980462
01-10-2001
Usman A. Sayeed, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Usman A. Sayeed v. Department of the Treasury
05980462
January 10, 2001
.
Usman A. Sayeed,
Complainant,
v.
Lawrence H. Summers,
Secretary,
Department of the Treasury,
Agency.
Request No. 05980462
Appeal No. 01965525
Agency No. TD 95-0027B
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Usman
A. Sayeed v. Department of the Treasury, EEOC Appeal No. 01965525
(February 9, 1998).<1> 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).
In November 1998, the complainant notified the Commission that he had
filed a civil case with the U.S. District Court, Southern District of
Florida, Fort Lauderdale Division, Case No. 98-8487 CIV-ZLOCH and that
he intended to request that the U.S. District Court consolidate three
other complaints.
Evidence of record shows that pursuant to the complainant's civil action,
on March 24, 2000, he and the agency entered into a settlement agreement
in which the complainant agreed to withdraw �the instant civil action,
as well as any and all other pending complaints, charges, appeals,
grievances, or other administrative or judicial actions of any kind
pending against the defendant, with prejudice;� We note that the record
shows that the settlement agreement was signed by the complainant and
his attorney.
As this request for reconsideration was pending at the time the
parties entered into the agreement, the Commission deems the instant
request for reconsideration withdrawn and no further action will be
taken by the Commission in this matter. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
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
January 10, 2001
__________________
Date
1 On 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.