Barbarav.Kaeser, Appellant, v. William S. Cohen, Secretary, Department of Defense, Defense Logistics Agency, Agency,

Equal Employment Opportunity CommissionNov 5, 1999
05980352 (E.E.O.C. Nov. 5, 1999)

05980352

11-05-1999

Barbara v. Kaeser, Appellant, v. William S. Cohen, Secretary, Department of Defense, Defense Logistics Agency, Agency,


Barbara V. Kaeser v. Department of Defense

05980352

November 5, 1999

Barbara v. Kaeser, )

Appellant, )

)

v. ) Request No. 05980352

) Appeal No. 01970168

William S. Cohen, ) Agency No. XO-96-022

Secretary, )

Department of Defense, )

Defense Logistics Agency, )

Agency, )

)

DECISION ON REQUEST FOR RECONSIDERATION

The agency timely initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Barbara V. Kaeser v. William

S. Cohen, Secretary, Department of Defense - Defense Logistics Agency,

EEOC Appeal No. 01970168 ((January 13, 1998). EEOC regulations provide

that the Commission may, in its discretion, reconsider any previous

decision. 29 C.F.R. � 1614.407(a). For the reasons set forth below,

the Commission grants the agency's request.

Appellant filed a complaint which set forth four allegations of

discrimination. The agency accepted allegations (1) and (2) and

dismissed allegations (3) and (4). The previous decision affirmed the

agency's dismissal of allegation (3), but ordered the agency to accept

and process allegation (4). In its request for reconsideration, the

agency argues that allegation (4) was processed and ruled on, along

with the accepted allegations. In support of its request, the agency

presents the transcript of a hearing before an Administrative Judge,

which corroborates its argument. Appellant has not responded to the

agency's request. We therefore find that the agency did, in fact,

investigate and rule on allegation (4), which obviates the need for

further processing of that issue.

After a review of the agency's request to reconsider, the previous

decision, and the entire record, the Commission grants the agency's

request in accordance with 29 C.F.R. � 1614.407(a). That portion of the

Commission's decision in EEOC Appeal No. 01970168, directing the agency

to process allegation (4) is reversed. The agency's final decision

dismissing allegation (4) is affirmed. There is no further right of

administrative appeal from a decision of the Commission on 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:

November 5, 1999

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations