05A11136_05A11137_r
10-04-2001
Eric A. Shrader, Complainant, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.
Eric A. Shrader v. Department of Agriculture
05A11136, 05A11137, 05A11138, and 05A11139
October 4, 2001
.
Eric A. Shrader,
Complainant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request Nos. 05A11136, 05A11137, 05A11138, and 05A11139
Appeal Nos. 01A02316, 01A04003, 01A05410, and 01A10762
DECISION ON REQUESTS FOR RECONSIDERATION
Complainant initiated requests to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider its previous letter
dated May 23, 2001, closing his appeals, cited above, on the grounds
that a settlement agreement was reached in these cases. The record
clearly indicates that on November 28, 2000, the parties entered into
a settlement agreement resolving complainant's all pending appeals,
including the instant appeals. Therefore, the Commission properly
closed complainant's appeals. See 29 C.F.R. � 1614.504. Accordingly,
complainant's requests for reconsideration are hereby DENIED. There is no
further right of administrative appeal on the decision of the Commission
on these requests 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
October 4, 2001
__________________
Date