05A30411
03-17-2003
Eloise G. Gibson, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Eloise G. Gibson v. Department of the Navy
05A30411
March 17, 2003
.
Eloise G. Gibson,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05A30411
Appeal No. 01A11161
Agency No. 95-33276-001
Hearing No. 150-97-8333X
DENIAL OF REQUEST FOR RECONSIDERATION
Both parties initiated timely requests to the Equal Employment
Opportunity Commission to reconsider the decision in Eloise G. Gibson
v. Department of the Navy, EEOC Appeal No. 01A11161 (December 23, 2002).
EEOC Regulations provide that the Commission may, in its discretion,
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). However, a
�request for reconsideration is not a second appeal to the Commission.�
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question. Although both parties
had ample opportunity to explain the untimeliness of their appeals,
neither party did so, and neither party has offered a persuasive
reason why the Commission's decision should be reconsidered now.
The Commission finds that the requests fail to meet the criteria of
29 C.F.R. � 1614.405(b), and it is the decision of the Commission
to deny the requests. The decision in EEOC Appeal No. 01A11161
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 17, 2003
__________________
Date