05970990
06-17-1999
Walda J. Hanson, Appellant, v. William S. Cohen, Secretary, Department of Defense (Defense Commissary Agency), Agency.
Walda J. Hanson v. Department of Defense
05970990
June 17, 1999
Walda J. Hanson, )
Appellant, )
)
v. ) Request No. 05970990
) Appeal No. 01966289
William S. Cohen, ) Agency No. CE-96-CEC22-02
Secretary, )
Department of Defense )
(Defense Commissary Agency), )
Agency. )
______________________________)
DENIAL OF RECONSIDERATION
On August 6, 1997, the Equal Employment Opportunity Commission
(Commission) received a request from the Department of Defense,
Defense Commissary Agency (the agency) to reconsider the decision in
Walda J. Hanson v. William S. Cohen, Secretary, Department of Defense
(Defense Commissary Agency), EEOC Appeal No. 01966289 (June 25, 1997).
EEOC Regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a).
A request for reconsideration must be filed within 30 days of re-ceipt of
the previous appellate decision. 29 C.F.R. �1614.407(b). A request is
timely filed if delivered in person or postmarked before the expiration
of the applicable filing period. 29 C.F.R. �1614.604(b).
A certified mail return receipt indicates that the previous decision
was received by the agency on June 30, 1997. We note, however, that the
agency's request for reconsideration was postmarked August 6, 1997, which
was 37 days after its receipt of the previous decision. Not only did the
previous decision include a statement of rights apprising the agency of
the applicable time limit, but it specifically advised the agency that,
if extenuating circumstances prevented the timely filing of a request, the
agency had to submit with its request a written statement setting forth
the circumstances which caused the delay and any supporting documentation.
In this case, the agency has submitted nothing which would justify tolling
the applicable time limitations period. Accordingly, we find that its
request for reconsideration is untimely. The Commission's decision in
EEOC Appeal No. 01966289 (June 25, 1997) remains the Commission's final
decision in this matter. The agency shall comply with the order in that
decision, as restated below. There is no further right of administrative
appeal from a decision of the Commission on request for reconsideration.
ORDER
The agency is ORDERED to process the remanded allegation in accordance
with 29 C.F.R. �1614.108. The agency shall acknowledge to appellant
that it has received the remanded allegation within thirty (30) calendar
days of the date this decision becomes final. The agency shall issue to
appellant a copy of the investigative file and also shall notify appellant
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. If appellant requests a final decision
without a hearing, the agency shall issue a final decision within sixty
(60) days of receipt of appellant's request.
A copy of the agency's letter of acknowledgment to appellant 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 (K0595)
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 appellant. If
the agency does not comply with the Commission's order, the appellant
may petition the Commission for enforcement of the order. 29 C.F.R. �
1614.503(a). The appellant 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 29 C.F.R. �� 1614.408,
1614.409, and 1614.503(g). Alternatively, the appellant 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. ��
1614.408 and 1614.409. 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 (Supp. V 1993). If the appellant files a civil action,
the administrative processing of the complaint, including any petition
for enforcement, will be terminated. See 29 C.F.R. � 1614.410.
RIGHT TO FILE A CIVIL ACTION (Q0993)
This decision affirms the agency's final decision 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 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.
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. 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 (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 17, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat