05A00653
04-03-2002
Ollie M. Darby, Complainant, v. Spencer Abraham, Secretary, Department of Energy, Agency.
Ollie M. Darby v. Department of Energy
05A00653, 05A00654, 05A00655, 05A00656
April 3, 2002
.
Ollie M. Darby,
Complainant,
v.
Spencer Abraham,
Secretary,
Department of Energy,
Agency.
Request Nos. 05A00653, 05A00654, 05A00655, 05A00656
Appeal Nos. 01A00441, 01A00442, 01990009, 01990007
Agency Nos. 98 115 OH, 98 041 OH, 98 175 OH, 98 191 OH
DENIAL OF REQUESTS FOR RECONSIDERATION
The complainant initiated requests to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Ollie
M. Darby v. Department of Energy, EEOC Appeal No. 01A00441, 01A00442,
01990009, 01990007 (March 22, 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 complainant's 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. 01A00441, 01A00442, 01990009, 01990007
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.<1>
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
April 3, 2002
__________________
Date
1The prior decision dismissed four appeals filed by complainant on
the grounds that they were premature, as the agency had not yet issued
final decisions on any of the four complaints. The Commission notes
that subsequent to the issuance of the prior decision, the agency issued
final decisions on all four complaints. Complainant has filed appeals
from the final agency decisions. The appeals are being reviewed by the
Commission under the following Appeal Numbers: 01A05655 (for Complaint
No. 98 115 OH); 01A05657 (for Complaint No. 98 041 OH); and 01A05658
(for Complaint Nos. 98 175 OH and 98 191 OH).