Lupe Smith, Complainant,v.Paul H. O'Neill, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionSep 26, 2002
05A01236 (E.E.O.C. Sep. 26, 2002)

05A01236

09-26-2002

Lupe Smith, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.


Lupe Smith v. Department of the Treasury

05A01236

September 26, 2002

.

Lupe Smith,

Complainant,

v.

Paul H. O'Neill,

Secretary,

Department of the Treasury,

Agency.

Request No. 05A01236

Appeal No. 01A03157

Agency No. OO-2O68TM

DENIAL OF REQUEST FOR RECONSIDERATION

Both complainant and the agency timely initiated requests to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Lupe Smith v. Department of the Treasury, EEOC Appeal

No. 01A03157 (August 2, 2000). 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 the parties' requests for reconsideration, the

previous decision, 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 decision

in EEOC Appeal No. 01A03157 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on these requests for reconsideration.

ORDER (E0900)

The agency is ordered to process the remanded claims in accordance with

29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant

that it has received the remanded claims within thirty (30) calendar

days of the date this decision becomes final. The agency shall issue

to complainant a copy of the investigative file and also shall notify

complainant of the appropriate rights within one hundred fifty (150)

calendar days of the date this decision becomes final, unless the matter

is otherwise resolved prior to that time. If the complainant requests a

final decision without a hearing, the agency shall issue a final decision

within sixty (60) days of receipt of complainant's request.

A copy of the agency's letter of acknowledgment to complainant and a

copy of the notice that transmits the investigative file and notice of

rights must be sent to the Compliance Officer as referenced below.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q0900)

This decision affirms the agency's final decision/action in part, but it

also requires the agency to continue its administrative processing of a

portion of your complaint. 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 on both that portion of

your complaint which the Commission has affirmed and that portion of the

complaint which has been remanded for continued administrative processing.

In the alternative, you may file a civil action after one hundred and

eighty (180) calendar days of the date you filed your complaint with

the agency, or filed your appeal with the Commission. 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. Filing a civil action will terminate the

administrative processing of your complaint.

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

September 26, 2002

__________________

Date