05A40599
09-30-2004
Anna W. Matthews, Complainant, v. Cari M. Dominguez, Chair, Equal Employment Opportunity Commission, Agency.
Anna W. Matthews v. Equal Employment Opportunity Commission
05A40599
September 30, 2004
.
Anna W. Matthews,
Complainant,
v.
Cari M. Dominguez,
Chair,
Equal Employment Opportunity Commission,
Agency.
Request No. 05A40599
Appeal No. 07A30060
Agency No. 0-0000017-SD
Hearing No. 0-0000017-SD
DENIAL OF REQUEST FOR RECONSIDERATION
Anna M. Matthews (complainant) timely initiated a request to the
Equal Employment Opportunity Commission<1> (EEOC or Commission)
to reconsider the decision in Anna M. Matthews v. Equal Employment
Opportunity Commission, EEOC Appeal No. 07A30060 (February 20, 2004).
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 complainant'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. The decision in EEOC
Appeal No. 07A30060 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.
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:
______________________________
Stephen Llewellyn
Acting Executive Officer
Executive Secretariat
September 30, 2004
__________________
Date
1In the instant matter, the Equal Employment Opportunity Commission
is both the respondent agency and the adjudicatory authority. The
Commission's adjudicatory function is separate and independent from those
offices charged with in-house processing and resolution of discrimination
complaints. For purposes of this decision, the term �Commission� or
�EEOC� is used when referring to the adjudicatory authority, and the term
�agency� is used when referring to the respondent party to this action.
The Chair has recused herself from participation in this decision.