05A00284
03-19-2003
E. David Debes, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Finance and Accounting Service), Agency.
E. David Debes v. Department of Defense
05A00284
March 19, 2003
.
E. David Debes,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Finance and Accounting Service),
Agency.
Request No. 05A00284
Appeal No. 01982458
Agency No. DFAS-IN-00IN-97-032
DENIAL OF REQUEST FOR RECONSIDERATION
On December 20, 1999, complainant initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in
E. David Debes v. Department of Defense, EEOC Appeal No. 01982458
(October 27, 1999).<1> EEOC Regulations provide that a party may
request reconsideration within thirty days of receipt of the previous
Commission decision. See 29 C.F.R. � 1614.405(b). Unless evidence to
the contrary is presented, the Commission presumes that a decision is
received within five calendar days after it is mailed.
Complainant filed his request for reconsideration on December 20, 1999.
In his request for reconsideration, complainant does not contend that he
received our prior decision beyond the five-day time frame. In order for
his request for reconsideration to be considered timely, complainant had
to file it by December 1, 1999. Complainant does not provide adequate
justification for an extension of the applicable time limit for filing
his request for reconsideration. Accordingly, 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. 01982458 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
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
March 19, 2003
__________________
Date1 In EEOC Appeal No. 01982458, the Commission
concluded that complainant failed to prove, by a preponderance of the
evidence, that the agency violated Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. � 2000e et seq. Specifically, we found that
complainant was not discriminated against on the basis of his sex when,
in March 1997, he was not selected for a GS-13 level position at the
agency's facility in Indianapolis, Indiana.