0520070472
09-27-2007
Cecilia Villarruel, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, (Drug Enforcement Administration) Agency.
Cecilia Villarruel,
Complainant,
v.
Peter D. Keisler,
Acting Attorney General,
Department of Justice,
(Drug Enforcement Administration)
Agency.
Request No. 0520070472
Appeal No. 0120053427
Agency No. D043755
DECISION ON REQUEST TO RECONSIDER
The agency timely requested reconsideration of the decision in Cecilia
Villarruel v. Department of Justice (DEA), EEOC Appeal No. 0120053427
(March 30, 2007). 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).
As indicated, on March 30, 2007, the Commission issued a decision in the
above matter. The Commission found that the agency discriminated against
complainant on the basis of her national origin when she was not selected
for the position of Administrative Support Specialist, GS-9. Pursuant to
the finding of discrimination, the agency was ordered to provide remedial
relief to complainant. In its request to reconsider, the agency notified
the Commission that, on February 10, 2006, complainant filed a civil
action in the United States District Court for the Northern District of
Illinois with claims identical to those set forth in her EEO complaint.1
Complainant did not respond to the agency's request to reconsider.
After reconsidering the previous decision and the entire record, the
Commission, on its own motion, will VACATE its decision in EEOC Appeal
No. 0120053427. The agency does not have to comply with the remedial
Order set forth in that decision. The Commission's decision in EEOC
Appeal No. 0120053427 was written on March 30, 2007; however, prior
to that date, on February 10, 2007, complainant filed a civil action.
EEOC regulations provide that "filing a civil action . . . shall
terminate Commission processing of the appeal. 29 C.F.R. � 1614.409.
Consequently, we find that the Commission did not have jurisdiction to
issue the decision in EEOC 0120053427 on March 30, 2007. 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
____9/27/07______________
Date
1 Complainant's civil action was docketed as Case No. 06CV766.
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05A60832
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520070472