05980018
06-14-2000
Carolyn D. Jemison, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Carolyn D. Jemison v. Department of the Navy
05980018
June 14, 2000
Carolyn D. Jemison, )
Complainant, )
)
v. ) Request No. 05980018
) Appeal No. 01971018
) Agency No. DON(MC)96-00681-003
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On September 27, 1997, complainant timely initiated a request to the Equal
Employment Opportunity Commission (EEOC) to reconsider the decision in
Jemison v. Department of the Navy, EEOC Appeal No. 01971018 (September
9, 1997). EEOC Regulations provide that the Commissioners may, in their
discretion, reconsider any previous Commission decision where the party
demonstrates that: (1) the previous decision involved clearly erroneous
interpretation of material fact or law; or (2) the decision will have a
substantial impact on the policies, practices or operation of the agency.
29 C.F.R. �1614.405(b). For the reasons set forth below, complainant's
request is denied.<1>
According to the record, complainant received a final agency decision
(FAD) in the case herein on September 28, 1996. Complainant's appeal
was not mailed to the Commission until November 12, 1996. The previous
decision dismissed complainant's appeal on the grounds that it was not
filed with the Commission within the thirty-day time limitation. The
previous decision rejected the argument of complainant's representative
that he (the representative) was out of town until mid-October and did not
have time to complete the appeal until November 12, 1996. The previous
decision noted that under Commission regulations, the complainant is
at all times responsible for proceeding with a complaint whether or not
she designates a representative.
In this request for reconsideration, complainant's representative again
asks the Commission to waive the time limitation, in part, because of
the precedential nature of complainant's case and because the agency also
failed to adhere to various time limitations. We find that complainant
has submitted no new argument or evidence which would change the outcome
of the previous decision. Accordingly, after a review of complainant's
request for reconsideration, the previous decision and the entire record,
the Commission finds that complainant's request does not meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny appellant's request. The decision of the Commission in Appeal No.
01971018 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.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
__06-14-00________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF SERVICE
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1 On 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.