05970775
06-11-1999
James A. Robinson, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
James A. Robinson v. Department of the Navy
05970775
June 11, 1999
James A. Robinson, )
Appellant, )
)
v. ) Request Nos. 05970775, 05970781
) Appeal No. 01962404, 01954891
Richard J. Danzig, ) Agency No. 94-62306-001/002
Secretary, )
Department of the Navy, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On May 19, 1997, James A. Robinson (appellant) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in James A. Robinson v. Department of the Navy,
EEOC Appeal No. 01962404 (April 17, 1997). On May 20, 1997, appellant
also timely initiated a request to the Commission to reconsider the
decision in James A. Robinson v. Department of the Navy, EEOC Appeal
No. 01954891 (April 17, 1997). EEOC regulations provide that the
Commissioners may, in their discretion, reconsider any previous Commission
decision. 29 C.F.R. �1614.407(a). The party requesting reconsideration
must submit written argument or evidence which tends to establish one
or more of the following three criteria: new and material evidence
is available that was not readily available when the previous decision
was issued, 29 C.F.R. �1614.407(c)(1); the previous decision involved
an erroneous interpretation of law, regulation, or material fact, or
misapplication of established policy, 29 C.F.R. �1614.407(c)(2); or the
previous decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3).
Upon review of appellant's requests for reconsideration, the previous
decisions, and the entire records, the Commission finds that neither of
appellant's requests meets any of the criteria of 29 C.F.R. �1614.407(c).
Accordingly, it is the decision of the Commission to DENY appellant's
requests for reconsideration. The decisions in Appeal Nos. 01962404 and
01954891 remain the Commission's final decisions. There is no further
right of administrative appeal from the decision of the Commission on
these requests for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from
the date that you receive this decision. To ensure that your civil
action is considered timely, you are advised to file it WITHIN THIRTY
(30) CALENDAR DAYS from the date that you receive this decision or
to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. 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 (Z1092)
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:
June 11, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat