Lynn A. Rogers, Complainant,v.Dr. James G. Roche, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionOct 16, 2003
05A31303 (E.E.O.C. Oct. 16, 2003)

05A31303

10-16-2003

Lynn A. Rogers, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.


Lynn A. Rogers v. Department of the Air Force

05A31303

October 16, 2003

.

Lynn A. Rogers,

Complainant,

v.

Dr. James G. Roche,

Secretary,

Department of the Air Force,

Agency.

Request No. 05A31303

Appeal No. 01A33323

Agency No. 9M0R02008

Hearing No. 380-A3-8040X

DENIAL OF REQUEST FOR RECONSIDERATION

Lynn A. Rogers (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Lynn A. Rogers v. Department of the Air Force, EEOC

Appeal No. 01A33323 (August 21, 2003). 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.

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. 01A33323 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

October 16, 2003

__________________

Date