Usman A. Sayeed, Complainant,v.Lawrence H. Summers, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionJan 10, 2001
05980462 (E.E.O.C. Jan. 10, 2001)

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request for reconsideration withdrawn and no further action will be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.