05990100
06-16-2000
Carol A. Zastera, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Carol A. Zastera v. Department of the Army
05990100
June 16, 2000
Carol A. Zastera, )
Complainant, )
)
v. ) Request No. 05990100
) Appeal No. 01973842
Louis Caldera, ) Agency No. 94-07-0061
Secretary, ) Hearing No. 350-95-8295X
Department of the Army, )
Agency. )
______________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On October 22, 1998, Carol A, Zastera (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Zastera v. Dept. of the Army, EEOC Appeal No. 01973842
(September 24, 1998).<1> In 64 Fed. Reg. 37644, 37659 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. �1614.405), EEOC
regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.405(b).
The record indicates complainant filed an EEO complaint alleging
discrimination based on race (Caucasian), color (white), sex (female)
and reprisal (prior EEO activity) when she was terminated from her
temporary Medical Technologist position and was not permitted to apply
for a permanent position. A hearing was held on the matter and the
Administrative Judge found no discrimination. The agency adopted the
recommended decision and complainant appealed. The previous decision
affirmed the finding of no discrimination.
By letter dated February 15, 2000, the agency informed the Commission that
complainant had filed a civil action in the U.S. District Court for the
District of Arizona, Docket No. CIV99�577 TUC RTT, filed on November
24, 1999. The record also includes an earlier letter from complainant's
attorney dated July 26, 1999 wherein he expresses the intent to file
a civil action. A review of the documents indicates that the civil
action encompasses the same claim and bases included in the instant
complaint. In accordance with 29 C.F.R. �1614.409 the filing of the
civil action terminates the Commission's processing of this matter.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
June 16, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________________
1On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.