Kenneth W. Dodson, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (National Imagery and Mapping Agency), Agency.

Equal Employment Opportunity CommissionMay 14, 2001
05990723_05990714_r (E.E.O.C. May. 14, 2001)

05990723_05990714_r

05-14-2001

Kenneth W. Dodson, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (National Imagery and Mapping Agency), Agency.


Kenneth W. Dodson v. Department of Defense (National Imagery and Mapping

Agency)

05990723, 05990714, 05990721, 05990722 & 05990713

May 14, 2001

.

Kenneth W. Dodson,

Complainant,

v.

Donald H. Rumsfeld,

Secretary,

Department of Defense,

(National Imagery and Mapping Agency),

Agency.

Request Nos. 05990723, 05990714, 05990721, 05990722 & 05990713

Appeal Nos. 01986466, 01983968, 01983795, 01986467, 01984236 & 01983962

Agency Nos. OG-96-09, OG-96-24, OG-96-25, OG-96-31, OG-96-33,

OG-96-55, OG-96-04, OG-96-07, OG-96-08 & OG-96-14

DENIAL OF REQUEST FOR RECONSIDERATION

Complainant initiated his requests to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decisions in Kenneth

W. Dodson v. Department of Defense (National Imagery and Mapping Agency),

EEOC Appeal Nos. 01986466, 01983968, 01983795, 01986467, 01984236 &

01983962 (May 14, 1999). 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).

After a review of complainant's requests for reconsideration, the

agency's responses thereto, the previous decisions, and the entire record,

the Commission finds that the requests fail to meet the criteria of 29

C.F.R. � 1614.405(b), and it is the decision of the Commission to deny

the requests. The decisions in EEOC Appeal Nos. 01986466, 01983968,

01983795, 01986467, 01984236 & 01983962 remain the Commission's final

decisions. There is no further right of administrative appeal on the

decision of the Commission on the requests 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

May 14, 2001

__________________

Date