05a10115
05-11-2001
Eunice Houston, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Eunice Houston v. Department of Veterans Affairs
05A10115
May 11, 2001
.
Eunice Houston,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A10115
Appeal No. 01A00335
Agency No. 98-025
Hearing No. 330-98-8191x
DISMISSAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Eunice
Houston v. Department of Veterans Affairs, EEOC Appeal No. 01A00335
(October 26, 2000).
On August 8, 2000, complainant filed a civil action (identified as Civil
Action No. 98cv2339K) in the United States District Court for the Southern
District of California. The record further discloses that the claims
raised therein are the same as those raised in the instant complaint.
The regulation found at 29 C.F.R. � 1614.409 provides that the filing
of a civil action "shall terminate Commission processing of the appeal."
Commission regulations mandate dismissal of the EEO complaint under these
circumstances so as to prevent a complainant from simultaneously pursuing
both administrative and judicial remedies on the same matters, wasting
resources, and creating the potential for inconsistent or conflicting
decisions, and in order to grant due deference to the authority of the
federal district court. See Stromgren v. Department of Veterans Affairs,
EEOC Request No. 05891079 (May 7, 1990); Sandy v. Department of Justice,
EEOC Appeal No. 01893513 (October 19, 1989); Kotwitz v. United States
Postal Service, EEOC Request No. 05880114 (October 25, 1988).
Because the processing of complainant's appeal is therefore terminated,
the agency's request for reconsideration is hereby DISMISSED. See 29
C.F.R. � 1614.409.<1> 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 (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
May 11, 2001
Date
1 In addition, compliance on the Order issued in Eunice Houston
v. Department of Veterans Affairs, EEOC Appeal No. 01A00335 (October 26,
2000) is also terminated. See 29 C.F.R. � 1614.409.