Anifa Williams, Appellant,v.Donna E. Shalala, Secretary, Department of Health and Human Services, Agency.

Equal Employment Opportunity CommissionApr 29, 1999
05970710 (E.E.O.C. Apr. 29, 1999)

05970710

04-29-1999

Anifa Williams, Appellant, v. Donna E. Shalala, Secretary, Department of Health and Human Services, Agency.


Anifa Williams v. Department of Health and Human Services

05970710

April 29, 1999

Anifa Williams, )

Appellant, )

)

v. ) Request No. 05970710

) Appeal No. 01963888

Donna E. Shalala, ) Agency No. HRS-614-95

Secretary, )

Department of Health and Human Services, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 19, 1997, Anifa Williams (appellant) timely initiated a request

to the Equal Employment Opportunity Commission (EEOC or Commission)

to reconsider the decision in Anifa Williams v. Department of Health

and Human Services, EEOC Appeal No. 01963888 (March 18, 1997). EEOC

regulations provide that the Commissioners may, in their discretion,

reconsider any previous Commission decision. 29 C.F.R. �1614.407(a).

The party requesting reconsideration must submit written argument

or evidence which tends to establish one or more of the following

three 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); or the previous decision

is of such exceptional nature as to have substantial precedential

implications, 29 C.F.R. �1614.407(c)(3).

Upon review of appellant's request for reconsideration, the previous

decision, and the entire record, the Commission finds that appellant's

request does not meet any of the criteria of 29 C.F.R. �1614.407(c).

Accordingly, it is the decision of the Commission to DENY appellant's

request for reconsideration.<1> The decision in Appeal No. 01963888

remains the Commission's final decision. There is no further right

of administrative appeal from the decision of the Commission on this

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:

April 29, 1999

Date Frances M. Hart

Executive Officer

Executive Secretariat

1 Appellant is advised that if she wishes to pursue, through the EEO

process, the additional allegations of discrimination that she raised

for the first time on appeal, i.e., acts of retaliation subsequent to

the execution of the settlement agreement, she shall initiate contact

with an EEO Counselor within 15 days after she receives this decision.

The Commission advises the agency that if appellant seeks EEO counseling

regarding the new allegations within the above-referenced 15 day period,

the date appellant filed the appeal statement in which she raised these

allegations with the agency shall be deemed to be the date of the initial

EEO contact, unless she previously contacted an EEO Counselor regarding

these matters, in which case the earlier date would serve as the EEO

Counselor contact date. Cf. Qatsha v. Dept. of the Navy, EEOC Request

No. 05970201 (January 16, 1998).