05970686
03-04-1999
Marvin R. Wilson, Appellant, v. Donna A. Tanoue, Chairperson, Federal Deposit Insurance Corporation, Agency.
Marvin R. Wilson v. Federal Deposit Insurance Corporation
05970686
March 4, 1999
Marvin R. Wilson, )
Appellant, )
) Request No. 05970686
v. ) Appeal No. 01955765
) Agency No. RTC-94-121
)
Donna A. Tanoue, )
Chairperson, )
Federal Deposit Insurance )
Corporation, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 11, 1997, Marvin R. Wilson (hereinafter referred to as the
appellant) timely initiated a request to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decision in Marvin R. Wilson
v. Ricki Tigert Helfer, Chairman, Federal Deposit Insurance Corporation,
EEOC Appeal No. 01955765 (April 3, 1997). EEOC regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. �1614.407(a). The party requesting
reconsideration must submit written argument or evidence which tends to
establish one or more of the following three criteria: new and material
evidence is available that was not readily available when the previous
decision was issued, 29 C.F.R. �1614.407(c)(1); the previous decision
involved an erroneous interpretation of law, regulation, or material fact,
or a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and the decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of appellant's request to reconsider, the previous
decision, and the entire record, the Commission finds that appellant's
request fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is
the decision of the Commission to deny the request.<1> The decision
in EEOC Appeal No. 01955765 (April 3, 1997) remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on a request to reconsider.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from
the date that you receive this decision. To ensure that your civil
action is considered timely, you are advised to file it WITHIN THIRTY
(30) CALENDAR DAYS from the date that you receive this decision or
to consult an attorney concerning the applicable time period in the
jurisdiction in which your action would be filed. 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 (Z1092)
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:
March 4, 1999
Date Frances M. Hart
Executive Officer
1 Regarding appellant's contention that he did not receive a copy of
the Commission's Notice of Appeal form (Form 573) until July 11, 1995,
the Commission has held that an appellant does not need to have a Form
573 to file an appeal as long as he is advised of his appeal rights in
the agency's final decision. See Richardson v. Department of the Army,
EEOC Request No. 05960587(April 22, 1996); Cole v. United States Postal
Service, EEOC Request No. 05950009 (May 25, 1995).