05980222x
04-05-2000
Ulysees Coates, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Ulysees Coates, )
Complainant, ) Request No. 05980222
) Appeal Nos. 01950736; 01950879; 01956107
v. ) Agency Nos. DON 93-00151-050; 068; 052; ) DON 94-00151-036
Richard J. Danzig, ) Hearing Nos. 170-94-8294X; 170-94-8323X;
Secretary, ) 170-95-8066X
Department of the Navy, )
Agency. )
________________________)
DENYING REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission ( EEOC or Commission) to reconsider the decision in Ulysees
Coates v. Department of the Navy, EEOC Appeal Nos. 01950736; 01950879
and 01956107 (December 3, 1997).<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, 37,654 (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 Ulysees Coates v. Department of the Navy, EEOC Appeal No. 01950736;
01950879; 01956107 (December 3, 1997) 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 (P1199)
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:
April 5, 2000
Date
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
1 On 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.