05980486
04-06-2000
Sharlene Grant, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Sharlene Grant, )
Complainant, ) Request No. 05980486
) Appeal No. 01965097
v. ) Agency No. 9603G0410
)
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
____________________________________)
DENYING REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission ( EEOC or Commission) to reconsider the decision in Sharlene
Grant v. Department of the Army, EEOC Appeal No. 01965097 (February
18, 1998).<1> 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 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.405(b)).
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 Sharlene Grant v. Department of the Army, EEOC Appeal No. 01965097
(February 18, 1998), remains the Commission's final decision. The agency
shall comply with the Order in the prior decision, as restated below.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
ORDER
1. The agency is ORDERED to supplement the record with a copy of the
SF-50 (Notification of Personnel Action) by which the agency notified
the complainant of the effective date of the abolition of her position.
2. Thereafter, but no later than thirty (30) calendar days after the
date this decision becomes final, the agency shall either issue a letter
to the complainant accepting allegation (j) for investigation or issue a
new final agency decision dismissing the allegation for untimely counselor
contact. A copy of the agency's acceptance letter or the new final agency
decision must be sent to the Compliance officer, as referenced below.
3. The agency is ORDERED to process allegations (g), (h), and (i) (as
defined by the Commission in the above decision) in accordance with
64 Fed. Reg. 37,644, 37,656-7 (1999) (to be codified as 29 C.F.R. �
1614.108). The agency shall acknowledge to the complainant that it has
received the remanded allegations (g), (h), and (i) within thirty (30)
calendar days of the date this decision becomes final.
4. The agency shall issue to the complainant a copy of the investigative
file and also shall notify the complainant of the appropriate rights
within one hundred fifty (150) calendar days of the date this decision
becomes final, unless the matter is otherwise resolved prior to that
time.
5. If the complainant requests a final decision without a hearing,
the agency shall issue a final decision within sixty (60) days of
receipt of the complainant's request. A copy of the agency's letter of
acknowledgment to the complainant and a copy of the notice that transmits
the investigative file and notice of rights must be sent to the Compliance
Officer, as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to the
complainant. If the agency does not comply with the Commission's order,
the complainant may petition the Commission for enforcement of the order.
29 C.F.R. � 1614.503(a). The complainant also has the right to file a
civil action to enforce compliance with the Commission's order prior
to or following an administrative petition for enforcement. See 64
Fed. Reg. 37,644, 37,659-60 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �� 1614.407, 1614.408), and 29 C.F.R. �
1614.503(g). Alternatively, the complainant has the right to file a
civil action on the underlying complaint in accordance with the paragraph
below entitled "Right to File A Civil Action." 29 C.F.R. �� 1614.407
and 1614.408. A civil action for enforcement or a civil action on the
underlying complaint is subject to the deadline stated in 42 U.S.C. �
2000e-16(c)(Supp. V 1993). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 64 Fed. Reg. 37,644, 37,659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.409).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (Q1199)
This decision affirms the agency's final decision/action in part, but it
also requires the agency to continue its administrative processing of a
portion of your complaint. 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 on both that portion
of your complaint which the Commission has affirmed AND that portion
of the complaint which has been remanded for continued administrative
processing 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 (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:
April 6, 2000
Date
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
1On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.