05980273
06-04-1999
Dana I. Bryant, Appellant, v. Janet Reno, Attorney General, Department of Justice, Federal Bureau of Prisons Agency.
Dana I. Bryant v. Department of Justice
05980273
June 4, 1999
Dana I. Bryant, )
Appellant, )
)
v. ) Request No. 05980273
) Appeal No. 01973541
Janet Reno, ) Agency No. P968910
Attorney General, )
Department of Justice, )
Federal Bureau of Prisons )
Agency. )
___________________________________)
DECISION ON REQUEST FOR RECONSIDERATION
On January 8, 1998, appellant timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Dana
I. Bryant v. Janet Reno, Attorney General, Department of Justice,
EEOC Appeal No. 01973541 (December 5, 1997), which she received on
December 10, 1997. EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation or material fact, or misapplication of
established policy, 29 C.F.R. �1614.407(c)(2); and the previous decision
is of such exceptional nature as to have substantial precedential
implications, 29 C.F.R. �1614.407(c)(3).
Appellant filed an EEO complaint in which she alleged that the agency
discriminated against her on the basis of reprisal by terminating her
from her position as a probationary corrections officer on March 1,
1996. The agency dismissed her complaint under 29 C.F.R. � 1614.107(a),
on the ground that it did not set forth allegations of reprisal based on
prior EEO activity, and was therefore not within the purview of Title VII.
The previous decision summarily affirmed the agency's dismissal of
her complaint. In her request for reconsideration, appellant appears
to be contesting the substance of the previous decision, implying that
her request meets all three criteria for reconsideration.
We have carefully examined appellant's request and find that it fails
to meet any of the criteria of 29 C.F.R. � 1614.407(c). Nowhere in
the record are there indications that appellant engaged in any EEO
counseling session, filed any formal EEO complaint, or participated in any
investigation, hearing, or other EEO activity, either in her own behalf
or as a representative or witness for another complainant, other than the
matter now before us. Since appellant has not identified any EEO activity
which she engaged in prior to her termination, her claim is not within
the purview of Title VII, and the previous decision correctly affirmed
the agency's dismissal of her complaint for failure to state a claim.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that appellant's
request does not meet the criteria of 29 C.F.R. �1614.407(c), and
it is the decision of the Commission to deny appellant's request.
The decision of the Commission in Appeal No. 01973541 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal from a decision of the Commission on a request
for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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 4, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat