Cecilia Villarruel, Complainant,v.Peter D. Keisler, Acting Attorney General, Department of Justice, (Drug Enforcement Administration) Agency.

Equal Employment Opportunity CommissionSep 27, 2007
0520070472 (E.E.O.C. Sep. 27, 2007)

0520070472

09-27-2007

Cecilia Villarruel, Complainant, v. Peter D. Keisler, Acting Attorney General, Department of Justice, (Drug Enforcement Administration) Agency.


Cecilia Villarruel,

Complainant,

v.

Peter D. Keisler,

Acting Attorney General,

Department of Justice,

(Drug Enforcement Administration)

Agency.

Request No. 0520070472

Appeal No. 0120053427

Agency No. D043755

DECISION ON REQUEST TO RECONSIDER

The agency timely requested reconsideration of the decision in Cecilia

Villarruel v. Department of Justice (DEA), EEOC Appeal No. 0120053427

(March 30, 2007). EEOC Regulations provide that the Commission may,

in its discretion, grant a request to reconsider any previous Commission

decision where the requesting party demonstrates that: (1) the appellate

decision involved a clearly erroneous interpretation of material fact

or law; or (2) the appellate decision will have a substantial impact on

the policies, practices, or operations of the agency. See 29 C.F.R. �

1614.405(b).

As indicated, on March 30, 2007, the Commission issued a decision in the

above matter. The Commission found that the agency discriminated against

complainant on the basis of her national origin when she was not selected

for the position of Administrative Support Specialist, GS-9. Pursuant to

the finding of discrimination, the agency was ordered to provide remedial

relief to complainant. In its request to reconsider, the agency notified

the Commission that, on February 10, 2006, complainant filed a civil

action in the United States District Court for the Northern District of

Illinois with claims identical to those set forth in her EEO complaint.1

Complainant did not respond to the agency's request to reconsider.

After reconsidering the previous decision and the entire record, the

Commission, on its own motion, will VACATE its decision in EEOC Appeal

No. 0120053427. The agency does not have to comply with the remedial

Order set forth in that decision. The Commission's decision in EEOC

Appeal No. 0120053427 was written on March 30, 2007; however, prior

to that date, on February 10, 2007, complainant filed a civil action.

EEOC regulations provide that "filing a civil action . . . shall

terminate Commission processing of the appeal. 29 C.F.R. � 1614.409.

Consequently, we find that the Commission did not have jurisdiction to

issue the decision in EEOC 0120053427 on March 30, 2007. There is no

further right of administrative appeal on the decision of the Commission

on this request.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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

____9/27/07______________

Date

1 Complainant's civil action was docketed as Case No. 06CV766.

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05A60832

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

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0520070472