Sharon L. White, Complainant,v.Mel R. Martinez, Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity CommissionJun 11, 2001
05990262 (E.E.O.C. Jun. 11, 2001)

05990262

06-11-2001

Sharon L. White, Complainant, v. Mel R. Martinez, Secretary, Department of Housing and Urban Development, Agency.


Sharon L. White v. Department of Housing and Urban Development

05990262

June 11, 2001

.

Sharon L. White,

Complainant,

v.

Mel R. Martinez,

Secretary,

Department of Housing and Urban Development,

Agency.

Request No. 05990262

Appeal No. 01981009

Agency No. FW 95-04

Hearing No. 220-96-8297X

DISMISSAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Sharon

L. White v. Department of Housing and Urban Development, EEOC Appeal

No. 01981009 (November 25, 1998).

On December 22, 1998, complainant filed a civil action (identified as

Civil Action No. LR-C-98-838) in the United States District Court for

the Eastern District of Arkansas. The record discloses that the claims

raised therein are the same as those raised in the instant complaint.

The regulation found at 29 C.F.R. � 1614.409 provides that the filing

of a civil action "shall terminate Commission processing of the appeal."

Commission regulations mandate dismissal of the EEO complaint under these

circumstances so as to prevent a complainant from simultaneously pursuing

both administrative and judicial remedies on the same matters, wasting

resources, and creating the potential for inconsistent or conflicting

decisions, and in order to grant due deference to the authority of the

federal district court. See Stromgren v. Department of Veterans Affairs,

EEOC Request No. 05891079 (May 7, 1990); Sandy v. Department of Justice,

EEOC Appeal No. 01893513 (October 19, 1989); Kotwitz v. USPS, EEOC Request

No. 05880114 (October 25, 1988). Accordingly, complainant's request to

reconsider the decision is hereby DISMISSED. See 29 C.F.R. � 1614.40.

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

June 11, 2001

Date