05A30978
09-25-2003
Laura A. Jackson, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Laura A. Jackson v. Department of Veterans Affairs
05A30978
09-25-03
.
Laura A. Jackson,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30978
Appeal No. 01A21199
Agency No. 200O7-654-2001300263
DENIAL OF REQUEST FOR RECONSIDERATION
On June 26, 2003, Laura A. Jackson (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Laura A. Jackson v. Department of Veterans
Affairs, EEOC Appeal No. 01A21199 (March 19, 2003). Pursuant to 29
C.F.R. � 1614.405(b), requests to reconsider (RTR), with supporting
statement or brief, must be filed with the Office of Federal Operations
(OFO) within thirty (30) calendar days of receipt of the appeal decision.
The 30th day following March 19, 2003 was April 18, 3002. Allowing five
days for delivery of the March 19, 2003 appeal decision, the complainant
should have received it by March 24, 2003 and the latest date by which
to file an RTR would have been 30 days after March 24, 2003, or April
23, 2003.
Complainant asked that the time limits for filing the RTR be waived,
explaining that she was motivated to file her RTR when on June 19,
2003 the United States Court of Appeals for the Federal Circuit denied a
motion, and because complainant had new evidence to support her claims.
Complainant's RTR then detailed her earlier claims against the agency,
and referred to a May 28, 2003 report to an EEO investigator about a
�hidden retirement document�. Complainant's RTR did not explain the
June 19, 2003 decision from the United States Court of Appeals.
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 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).
While the time limits in 29 C.F.R. Part 1614 are subject to equitable
tolling, complainant advanced no persuasive reasons why the time limits
for filing an RTR should be waived. Therefore, it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A21199
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
_____09-25-03_____________
Date