Angel M. Hyman, Appellant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionJan 20, 1999
05970437 (E.E.O.C. Jan. 20, 1999)

05970437

01-20-1999

Angel M. Hyman, Appellant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


Angel M. Hyman v. Department of the Navy

05970437

January 20, 1999

Angel M. Hyman, )

Appellant, )

)

v. ) Request No. 05970437

) Appeal No. 01961649

Richard J. Danzig, ) Agency No. DON-95-00173-001

Secretary, )

Department of the Navy, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On January 30, 1997, Angela M. Hyman (appellant) timely initiated

a request to the Equal Employment Opportunity Commission (EEOC or

Commission) to reconsider the decision in Angela M. Hyman v. Department of

the Navy, EEOC Appeal No. 01961649 (January 7, 1997). EEOC regulations

provide that the Commissioners may, in their discretion, reconsider

any previous Commission 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); or the previous decision is of such

exceptional nature as to have substantial precedential implications,

29 C.F.R. �1614.407(c)(3).

Upon review of appellant's request for reconsideration, the previous

decision, and the entire record, the Commission finds that appellant's

request does not meet any of the criteria of 29 C.F.R. �1614.407(c).<1>

Accordingly, it is the decision of the Commission to DENY appellant's

request for reconsideration. The decision in Appeal No. 01961649

remains the Commission's final decision. There is no further right

of administrative appeal from the decision of the Commission on this

request for reconsideration.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

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. 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 (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:

JAN 20, 1999

Date Frances M. Hart

Executive Officer

Executive Secretariat

1 In her request for reconsideration, appellant argues that the agency

has discriminated against her subsequent to the events addressed in

the complaint at bar. Appellant is advised that any new allegation of

discrimination must be brought to the attention of an EEO Counselor,

as provided in 29 C.F.R. �1614.105(a)(1).