05971020
06-24-1999
Samuel C. Edinburgh, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Samuel C. Edinburgh v. Department of the Navy
05971020
June 24, 1999
Samuel C. Edinburgh, )
Appellant, )
) Request No. 05971020
v. ) Appeal No. 01965620
)
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On August 25, 1997, Samuel C. Edinburgh (hereinafter referred to as
appellant) initiated a request to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decision in Samuel
C. Edinburgh v. John H. Dalton, Secretary, Department of the Navy,
EEOC Appeal No. 01965620 (July 22, 1997), received by appellant on
July 26, 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 for reconsideration, the
previous decision, and the entire record, the Commission finds that
appellant's request does not meet the criteria in 29 C.F.R. �1614.407(c).
Therefore, it is the decision of the Commission to deny appellant's
request.<1> The decision in EEOC Appeal No. 01965620 (July 22, 1997)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on this Request
for Reconsideration.
STATEMENT OF 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:
June 24, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
1Appellant is advised that if he wishes to pursue, through the EEO process,
the additional allegation concerning the 1997 selection for a full-time
position, raised for the first time in his request for reconsideration,
he shall initiate contact with an EEO Counselor within 15 days after he
receives this decision. The Commission advises the agency that if
appellant seeks EEO counseling regarding the new allegation within the
above 15 day period, the date appellant filed the request for
reconsideration with the agency shall be deemed to be the date of the
initial EEO contact, unless he previously contacted a Counselor regarding
the matter, in which case the earlier date would serve as the EEO
Counselor contact date. Cf. Alexander J. Qatsha v. Department of the
Navy, EEOC Request No. 05970201 (January 16, 1998).