05990131
07-06-2000
John D. Taglieri, Complainant, George C. Tenent, Director, Central Intelligence Agency, Agency.
John D. Taglieri v. Central Intelligence Agency
05990131
July 6, 2000
John D. Taglieri, )
Complainant, ) Request No. 05990131
) Appeal No. 01980172
) Agency No. 97-29
)
George C. Tenent, )
Director, )
Central Intelligence Agency, )
Agency. )
____________________________________)
DENIAL OF REQUEST TO RECONSIDER
By letter dated Tuesday, September 8, 1998, one day after Labor
Day, the complainant initiated a request to the Equal Employment
Opportunity Commission (Commission) to reconsider the decision in Taglieri
v. Central Intelligence Agency, EEOC Appeal No. 01980172 (August 4, 1998).
The decision was received at the complainant's address on August 8, 1998.
Apparently, due to security procedures, the complainant filed his request
with the agency. The agency delivered the request to the Commission
via courier. As the record does not show when the complainant filed
the request with the agency, and it is dated September 8, 1998, we deem
it to be timely. EEOC regulations provide that the Commission may,
in its discretion, reconsider a previous decision where the party
demonstrates that: (1) the previous decision involved a clearly
erroneous interpretation of material fact or law; or (2) the decision
will have a substantial impact on the policies, practices or operations
of the agency. 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified as
29 C.F.R. � 1614.405(b)).<1>
After a review of the complainant's request for reconsideration, the
agency's response thereto, the previous decision, and the entire record,
the Commission finds that the complainant's 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 complainant's request. The decision in EEOC
Appeal No. 01980172 remains the Commission's final decision.<2>
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
July 6, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2In November 1999, the Commission sent correspondence to the parties
asking if the portion of the complaint accepted by the agency was still
pending before it. It explained that under new Commission regulations,
dismissed allegations pending before the Commission should be consolidated
with those that were accepted. 64 Fed. Reg. 37,644, 37,656 (1999)
(to be codified as 29 C.F.R. � 1614.107(b)). Upon further reflection,
we find that it is appropriate to adjudicate the pending request for
reconsideration.