05990928
05-19-2000
Carter J. Morrison, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Carter J. Morrison v. Department of the Army
05990928
May 19, 2000
Carter J. Morrison, )
Complainant, )
)
v. ) Request No. 05990928
) Appeal No. 01971750
Louis Caldera, ) Agency No. TOO24ILAO194G
Secretary, ) Hearing No. 210-95-6156X
Department of the Army, )
Agency. )
______________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On July 21, 1999, Carter J. Morrison (complainant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Morrison v. Department of the Army, EEOC Appeal No. 01971750
(June 18, 1999). EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.405(b). <1>
The record indicates complainant filed an EEO complaint alleging
discrimination based on sex (male) when his request for a part time
work schedule was denied. The agency investigated the complaint, and
complainant subsequently requested a hearing. Following the hearing,
an administrative judge (AJ) issued a recommended decision finding
no discrimination, which the agency adopted. Complainant appealed the
finding of no discrimination to the Commission, and the previous decision
affirmed without substantive comment. Thereafter complainant filed his
request for reconsideration wherein he expressed his disagreements with
the AJ's findings.
By letter dated September 7, 1999, the agency informed the Commission
that complainant had filed a civil action in the U.S. District Court,
Central Illinois District, Docket No. 99-3177. Information from the
court indicates the case was transferred to the Peoria Division under
Docket No. 99-1251. A review of the documents indicates that the civil
action encompasses the allegations included in the instant complaint and
specifically references the previous finding of no discrimination. In
accordance with 29 C.F.R. �1614.409 the filing of the civil action
terminates the Commission's processing of this matter.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
May 19, 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.