05A30922
02-10-2004
Vicki Jefferies, et al., Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Vicki Jefferies, et al. v. Department of the Treasury
05A30922
February 10, 2004
.
Vicki Jefferies, et al.,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A30922
Appeal No. 01A02227
Agency No. 98-0007C
Hearing No. 100-98-7812X
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of the Treasury (agency) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Vicki Jefferies, et al. v. Department of the Treasury,
EEOC Appeal No. 01A02227 (April 15, 2003). 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).
After a review of the agency's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the 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 request.<1> The decision
in EEOC Appeal No. 01A02227 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
The agency shall continue processing the remanded class complaint
in accordance with 29 C.F.R. � 1614.204(e), et seq. Within fifteen
(15) days of the date this decision becomes final, the agency shall
notify all class members of the acceptance of the class complaint as
required by � 1614.204(e). Within fifteen (15) days of the date this
decision becomes final, the agency shall request that the Hearings Unit
of the appropriate EEOC District Office continue processing the matter
pursuant to � 1614.204(f), et seq., and schedule a hearing pursuant to
� 1614.204(h). The agency is directed to submit a copy of the complaint
file to the EEOC District Office within fifteen (15) days of the date this
decision becomes final. The agency shall provide written notification
to the Compliance Officer at the address set forth herein that the class
members have been notified of the acceptance of the class complaint and
that the complaint file has been submitted to the EEOC District Office.
After receiving a recommended decision from the Administrative Judge,
the agency shall issue a decision in accordance with � 1614.204(j).
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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 complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant 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. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant 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. �� 1614.407 and 1614.408.
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)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
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
February 10, 2004
__________________
Date
1 The agency argued on RTR that Elzy and
Hawkins-Jones were supervisors during the relevant time. The previous
decision found that the claim of a supervisor is not typical of the
claims of the class as a whole. Therefore, clearly those individuals
should be excluded from the class. The exclusion of these employees
does not affect the previous decision's certification of the class.