05A10858_05A10883_r
03-01-2002
William L. Rhinesmith and Helen B. Rhinesmith, Complainants, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
William L. Rhinesmith and Helen B. Rhinesmith v. Department of the
Treasury
05A10858 and 05A10883
March 1, 2002
.
William L. Rhinesmith and Helen B. Rhinesmith,
Complainants,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Request Nos. 05A10858; 05A10883
Appeal Nos. 01980445; 01980816
Agency Nos. 97-1348; 97-1347
DENIAL OF REQUESTS FOR RECONSIDERATION
The complainants initiated requests to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in William
L. Rhinesmith and Helen B. Rhinesmith v. Department of the Treasury, EEOC
Appeal Nos. 01980445 and 01980816 (July 28, 1998). 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 29 C.F.R. � 1614.405(b).
After a review of the complainants' requests for reconsideration, the
previous decision, and the entire record, the Commission finds that the
requests fail to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the requests. The decision
in EEOC Appeal Nos. 01980445 and 01980816 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on these requests for reconsideration.
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
March 1, 2002
__________________
Date