Anita J. Glinton, Appellant,v.Donna E. Shalala, Secretary, Department of Health and Human Services, Agency.

Equal Employment Opportunity CommissionSep 10, 1999
05990469 (E.E.O.C. Sep. 10, 1999)

05990469

09-10-1999

Anita J. Glinton, Appellant, v. Donna E. Shalala, Secretary, Department of Health and Human Services, Agency.


Anita J. Glinton v. Department of Health and Human Services

05990469

September 10, 1999

Anita J. Glinton, )

Appellant, )

) Request No. 05990469

v. ) Appeal No. 01981944

) Agency No. NIH-747-93

Donna E. Shalala, )

Secretary, )

Department of Health and Human )

Services, )

Agency. )

__________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On March 17, 1999, Anita J. Glinton (appellant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider

the decision in Glinton v. Dept. of Health and Human Services, EEOC

Appeal No. 01981944 (January 29, 1999). EEOC Regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision.

29 C.F.R. �1614.407(a) & (c).

By regulation, requests for reconsideration must be filed within thirty

(30) calendar days after the party requesting reconsideration receives

our previous decision. 29 C.F.R. �1614.407(b). Where the appellant is

represented by an attorney, the date of receipt is the date the materials

are received by the attorney. 29 C.F.R. �1614.605(d) Requests for

reconsideration are deemed filed on the date received by the Commission,

unless postmarked earlier.

In this case, appellant's request for reconsideration was hand delivered

to the Commission and was date stamped by the lobby desk on March 17,

1999, and received in the Office of Federal Operations on March 18,

1999. The record reflects that appellant's attorney received our previous

decision on February 12, 1999. Thus, the request for reconsideration

was filed more than thirty calendar days after receipt of the previous

decision. In the request for reconsideration, no reason is offered

for submitting the request for reconsideration more than 30 days after

receipt of the previous decision. Appellant has failed to submit

justification for extending the filing period beyond thirty days.

Accordingly, appellant's request for reconsideration is untimely and

is DENIED. The decision in EEOC Appeal No. 01981944 remains the

Commission's final decision in this matter. There is no further right

of administrative appeal from a decision of the Commission on a 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:

Sept. 10, 1999

____________ ___________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat