Antonette A. Chahine, Complainant, George J. Tenent, Director, Central Intelligence Agency, Agency.

Equal Employment Opportunity CommissionJul 6, 2000
05981152 (E.E.O.C. Jul. 6, 2000)

05981152

07-06-2000

Antonette A. Chahine, Complainant, George J. Tenent, Director, Central Intelligence Agency, Agency.


Antonette A. Chahine v. Central Intelligence Agency

05981152

July 6, 2000

Antonette A. Chahine, )

Complainant, ) Request No. 05981152

) Appeal No. 01973235

) Agency Nos. 94-43 & 96-09

) Hearing Nos. 100-96-7616X

George J. Tenent, ) 100-96-7788X

Director, )

Central Intelligence Agency, )

Agency. )

____________________________________)

DENIAL OF REQUEST TO RECONSIDER

On September 18, 1998, the complainant, by and through her attorney,

initiated a request to the Equal Employment Opportunity Commission

(Commission) to reconsider the decision in Chahine v. Central Intelligence

Agency, EEOC Appeal No. 01973235 (August 18, 1998). Given the timing of

the request and that the postal return receipt does not indicate when the

previous decision was received by the complainant's attorney, we deem the

request to be timely. 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 64 Fed. Reg. 37,644,

37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �

1614.405(b)).<1>

After a review of the complainant's request for reconsideration, the

agency's response thereto, 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 complainant's request. The decision in EEOC

Appeal No. 01973235 remains the Commission's final decision.<2>

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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:

July 6, 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 also considered agency Inspector General documents dated June 3,

1996 and September 13, 1996 which were submitted by the complainant

on request.