05A30988
08-15-2003
Hattie L. King, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Hattie L. King v. Department of the Navy
05A30988
August 15, 2003
.
Hattie L. King,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05A30988
Appeal No. 01A24630
Agency No. DON-01-57095-021
Hearing No. 120-A1-4526X
DENIAL OF REQUEST FOR RECONSIDERATION
Hattie L. King (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Hattie L. King v. Department of the Navy, EEOC Appeal
No. 01A24630 (June 25, 2003). 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).
In her underlying complaint, complainant alleged that the agency
discriminated against her under Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. Complainant
requested a hearing, which was subsequently denied after she failed
to appear. The Administrative Judge remanded the case to the agency
to issue a decision. Ultimately, the agency issued a decision finding
no discrimination. On appeal, the Commission determined that the AJ
acted within his discretion to remand the case to the agency and that
there was no evidence in the record to prove that unlawful employment
discrimination had occurred.
In her request for reconsideration, complainant reiterates facts
already in the record from the previous case. We remind complainant
that a �request for reconsideration is not a second appeal to the
Commission.� Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614, at 9-17 (rev. November 9, 1999). After a review of
complainant's request for reconsideration, the previous decision, and
the entire record, 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. 01A24630
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
August 15, 2003
__________________
Date