05980055
11-29-2000
Rose M. Dorroh, Complainant, v. William S. Cohen, Secretary, Department of Defense, (Defense Commissary Agency), Agency.
Rose M. Dorroh v. Department of Defense (Defense Commissary Agency)
05980055
November 29, 2000
.
Rose M. Dorroh,
Complainant,
v.
William S. Cohen,
Secretary,
Department of Defense,
(Defense Commissary Agency),
Agency.
Request No. 05980055
Request No. 05950604
Appeal No. 01942472
Agency Nos. KHOF 92-518
KHOF 93-030
KHOF 93-092
Hearing Nos. 360-93-8233X
360-93-8235X
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Rose
M. Dorroh v. Department of Defense (Defense Commissary Agency), EEOC
Request No. 05950604<1> (October 2, 1997). 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).<2>
After a review of the 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 Request No. 05950604 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
November 29, 2000
__________________
Date
1In Dorroh v. Department of the Defense (Defense Commissary Agency),
EEOC Appeal No. 01942472 (April 20, 1995), the Commission determined that
the agency failed to provide the full investigation record and vacated
the agency's final decision and directed the agency to initiate new
investigations of complainant's complaint. The agency filed a request
for reconsideration submitting the missing files. In Dorroh v. Department
of the Defense (Defense Commissary Agency), EEOC Request No. 05950604, we
for the first time addressed the merits of this matter and, accordingly,
complainant was provided with the right to request reconsideration on
the merits of the previous decision, only.
2On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.