0520080841
11-05-2008
Joseph J. Schmidt, Complainant, v. Henrietta H. Fore, Acting Administrator, Agency for International Development, Agency.
Joseph J. Schmidt,
Complainant,
v.
Henrietta H. Fore,
Acting Administrator,
Agency for International Development,
Agency.
Request No. 0520080841
Appeal No. 0120082791
Agency No. EOP0701
DENIAL
Complainant timely requested reconsideration of the decision in
Joseph J. Schmidt v. Agency for International Development, EEOC Appeal
No. 0120082791 (September 15, 2008). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to 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).
After reconsidering 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.1 The decision in EEOC Appeal No. 0120082791 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z0408)
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
__11-05-2008__
Date
1 In his request for reconsideration, complainant argues that the
Commission failed to docket other separate appeals that he had filed.
However, complainant failed to specifically identify which agency
case numbers or final agency decisions to which he was referring.
Complainant's submissions clearly refer to the agency case number and EEOC
docket number in the instant case. Accordingly, we find that complainant
failed to establish that the Commission failed to properly docket other
appeals that he had filed.
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0520080841
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080841