0520060695
01-05-2007
Arneather Thompson, Complainant, v. Mike Johanns, Secretary, Department of Agriculture, Agency.
Arneather Thompson,
Complainant,
v.
Mike Johanns,
Secretary,
Department of Agriculture,
Agency.
Request No. 05200606951
Appeal No. 01A50154
Agency No. 020539
DENIAL
On May 8, 2006, complainant requested reconsideration of the decision in
Armeather Thompson v. Department of Agriculture, EEOC Appeal No. 01A50154
(January 11, 2005). Within thirty (30) calendar days of the date
of receipt of an appellate decision, a complainant may request, with
supporting statement or brief, reconsideration of that appellate decision.
See 29 C.F.R. � 1614.405; Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999).
In this case, complainant did not file her request for reconsideration
for over a year after the appellate decision was issued. Complainant has
not offered adequate justification for an extension of the applicable
time limit for filing her request.2
In the alternative, EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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 reconsidering 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. 01A50154 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
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 5, 2007
__________________
Date
1 Due to a new data system, your case has been re-designated with the
above referenced appeal and request numbers.
2 We note that we cannot accept new evidence at this late stage of
processing.
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0520060695
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036