05990485
07-05-2000
Carolyn H. Kennan, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Carolyn H. Kennan v. Department of the Navy
05990485
July 5, 2000
Carolyn H. Kennan, )
Complainant, )
)
v. ) Request No. 05990485
) Appeal No. 01983447
) Agency No. 96-62467-015
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
___________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 18, 1999, Carolyn H. Kennan (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Keenan v. Dept. of the Navy, EEOC Appeal No. 01983447
(February 11, 1999).<1> Complainant received the previous decision on
February 18, 1999. In 64 Fed. Reg. 37644, 37659 (1999) (to be codified
and hereinafter referred to as 29 C.F.R. � 1614.405), EEOC regulations
provide that the Commissioners may, in their discretion, reconsider any
previous decision where the party demonstrates that: (1) the previous
decision involved clearly erroneous interpretation of material fact or
law; or (2) the decision will have a substantial impact on the policies,
practices, or operation of the agency. 29 C.F.R. � 1614.405(b).
The previous decision dismissed complainant's appeal because it was
untimely filed. It noted that complainant's attorney received the final
agency decision on November 10, 1997 and the appeal was filed on March
28, 1998. In her request, complainant primarily argues that the agency
should not have dismissed the allegation that was the subject of its final
agency decision. Complainant's arguments fail to meet the criteria for
review.
Accordingly, complainant's request for reconsideration is denied. The
decision in EEOC Appeal No. 01983447 remains the Commission's final
decision in this manner. 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:
July 5, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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.