05980897
03-23-2000
Anne M. Warfield, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Anne M. Warfield v. Department of the Navy
05980897
March 23, 2000
Anne M. Warfield, )
Complainant, )
)
v. ) Request No. 05980897
) Appeal No. 01962191
Richard J. Danzig, ) Agency No. DON 94-00161-002
Secretary, )
Department of the Navy, )
Agency. )
______________________________)
DENIAL OF REQUEST TO RECONSIDER
On May 12, 1998, the complainant timely initiated a request to the
Equal Employment Opportunity Commission to reconsider the decision in
Warfield v. Department of the Navy, EEOC Appeal No. 01962191 (March 17,
1998).<1> The decision was received by the complainant on April 13, 1998.
The Commission may, in its discretion, reconsider a previous decision
where the party demonstrates that: (1) the previous decision involved
a clearly erroneous interpretation of material fact or law; or (2) the
decision will have a substantial impact on the policies, practices or
operations of the agency. 64 Fed. Reg. 37,644, 37,659 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. � 1614.405(b)).
After a review of the complainant's request for reconsideration,
the previous decision, and the entire record, the Commission finds
that the complainant's request fails to meet the criteria of 29
C.F.R. �1614.405(b), and it is the decision of the Commission to deny
the request. The decision in EEOC Appeal No. 01962191 remains the
Commission's final decision.<2>
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 23, 2000
_____________ __________________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2We do not address the complainant's allegation of disability
discrimination. The complainant raised it for the first time in her
request for reconsideration.