05970254and05970255
05-29-1998
ALICIA A. MANALO, APPELLANT, v. JOHN H. DALTON, SECRETARY, DEPARTMENT OF THE NAVY, AGENCY.
ALICIA A. MANALO, APPELLANT,
v.
JOHN H. DALTON, SECRETARY, DEPARTMENT OF THE NAVY, AGENCY.
Request Nos. 05970254; 05970255
Appeal Nos.
01960764
; 01963676
Agency Nos. 95-00207-003; 96-00207-001
May 29, 1998
DENIAL OF REQUEST FOR RECONSIDERATION
On December 9, 1996, the Department of the Navy ((hereinafter referred to as the agency) timely initiated a request to the Equal Employment Opportunity Commission (the Commission) to reconsider the decision in Alicia A. Manalo v. John H. Dalton, Secretary, Department of the Navy, EEOC Appeal Nos. 01960764 and 01963676 (November 5, 1996). The agency received the decision on November 13, 1996. EEOC regulations provide that the Commissioners may, in their discretion, reconsider any previous decision. 29 C.F.R. �1614.407 (a). The party requesting reconsideration must submit written argument or evidence which tends to establish one or more of the following three criteria: new and material evidence is available that was not readily available when the previous decision was issued, 29 C.F.R. �1614.407 (c) (1); the previous decision involved an erroneous interpretation of law, regulation or material fact, or misapplication of established policy, 29 C.F.R. �1614.407 (c) (2); and the decision is of such exceptional nature as to have substantial precedential implications, 29 C.F.R. �1614.407 (c) (3).
After a review of the agency's request for reconsideration, [FN1] the appellant's reply thereto, the previous decision, and the entire record, the Commission finds that the agency's request fails to meet the criteria of 29 C.F.R. �1614.407 (c), and it is the decision of the Commission to deny the agency's request. The decision in EEOC Appeal Nos. 01960764 and 01963676 (November 5, 1996) remains the Commission's final decision. There is no further right of administrative appeal on a decision of the Commission on a Request for Reconsideration. The agency is directed to comply with the Order, below.
ORDER
The agency is ORDERED to consolidate Complaints Nos. 1 and 2 and process the remanded allegations in accordance with 29 C.F.R. �1614.108. The agency shall acknowledge to the appellant that it has received the remanded allegations 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 the 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 acknowledgement 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 (c) (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.
STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its, administrative processing of your complaint. However, if you wish to file a civil action, you have the right to file such action in an appropriate United States District Court. 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:
Frances M. Hart
Executive Officer
Executive Secretariat
FN1. With regard to the agency's dismissal of appellant's complaint following her rejection of a certified offer of full relief, that matter is pending consideration by the Commission as EEOC Appeal No. 01983958.