05A41212
09-27-2004
Laurise V. Carroll, Complainant, v. Thomas J. Ridge, Secretary, Department of Homeland Security, (Immigration and Customs Enforcement), Agency.
Laurise V. Carroll v. Department of Homeland Security
05A41212
September 27, 2004
.
Laurise V. Carroll,
Complainant,
v.
Thomas J. Ridge,
Secretary,
Department of Homeland Security,
(Immigration and Customs Enforcement),
Agency.
Request No. 05A41212
Appeal No. 01A43221
Agency No. I-03-C149
DENIAL OF REQUEST FOR RECONSIDERATION
Laurise V. Carroll (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Laurise V. Carroll v. Department of Homeland Security,
EEOC Appeal No. 01A43221 (July 21, 2004). 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). However, we remind complainant that a �request
for reconsideration is not a second appeal to the Commission.� Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered
now.<1> Therefore, 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), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A43221 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:
September 27, 2004
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
1 We note that the Commission
affirmed the dismissal of the instant case because the formal complaint
was not timely filed within 15 days pursuant to 29 C.F.R. � 1614.106(b).
In the request for reconsideration, complainant has failed to address
the issue of timeliness.