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