05a00265
05-19-2000
Carole I. Powers, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Carole I. Powers v. Department of Veterans Affairs
05A00265
May 19, 2000
.
Carole I. Powers,
Complainant,
v.
Togo D. West, Jr.,
Secretary,
Department of Veterans Affairs,
Agency.
Request No.05A00265
Appeal No. 01970539
DENIAL OF REQUEST FOR RECONSIDERATION
On December 13, 1999, complainant initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Powers
v. Department of Veterans Affairs, EEOC Appeal No. 01970539 (September
9, 1999).<1> The Commission, in its discretion, may grant a party's
request to reconsider a decision issued under the regulation set forth
at 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified as 29 C.F.R. �
1614.405(a)), if the party demonstrates that:
(1) The appellate 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 as and hereinafter
cited as 29 C.F.R. � 1614.405(b)).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and it is
the decision of the Commission to deny complainant's request. The decision
of the Commission in EEOC Appeal No. 01970539 remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on a request for reconsideration.
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
May 19, 2000
__________________
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.