0520080757
09-15-2008
Quovat Estell, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.
Quovat Estell,
Complainant,
v.
Dr. Donald C. Winter,
Secretary,
Department of the Navy,
Agency.
Request No. 0520080757
Appeal No. 0120081363
Agency No. 074310401074
GRANT
On July 17, 2008, the Equal Employment Opportunity Commission issued
its decision in Quovat Estell v. Department of the Navy, EEOC
Appeal No. 0120081363. In that decision, the Commission affirmed
the agency's December 21, 2007 dismissal of complainant's complaint
of discrimination. By its own motion, the Commission reconsiders its
decision in EEOC Appeal No. 0120081363. See 29 C.F.R. � 1614.405(b).
Due to an inadvertent administrative error, the Commission, when
adjudicating EEOC Appeal No. 0120081363, failed to consider a letter from
the agency, dated April 21, 2008, and submitted on appeal. Therein,
the agency stated that "the notice of Dismissal dated December 21,
2007 is hereby rescinded by enclosure (1). A copy of the notice of
acknowledgement of acceptance for investigation is provided at enclosure
(1)." The acknowledgement notice was attached.
Based on this information, the Commission's decision in EEOC Appeal
No. 0120081363 is VACATED, and the complaint is remanded to the agency
for further processing in accordance with EEOC regulations.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION
This decision of the Commission is final, and there is no further
right of administrative appeal from the Commission's decision. This
decision allows the agency to continue its administrative processing of
your complaint. However, if you wish to file a civil action, you have
the right to file such action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. 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 (Z0408)
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 15, 2008
__________________
Date
2
0520080757
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520080757