05990083
02-26-1999
Columbus L. Johnson, Appellant, v. Janet Reno, Attorney General, Department of Justice, Agency.
Columbus L. Johnson v. Department of Justice
05990083
February 26, 1999
Columbus L. Johnson, )
Appellant, )
) Request No. 05990083
v. ) Appeal No. 01980594
) Agency No. F-96-4866
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 20, 1998, Columbus L. Johnson (appellant), through his
attorney, initiated a request to the Equal Employment Opportunity
Commission (EEOC) to reconsider the decision in Johnson v. Dept. of
Justice, EEOC Appeal No. 01980594 (August 28, 1998). EEOC Regulations
provide that the Commissioners may, in their discretion, reconsider any
previous decision. 29 C.F.R. �1614.407(a) & (c).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the party requesting reconsideration receives
our previous decision. 29 C.F.R. �1614.407(b). Where a complainant is
represented by an attorney of record, time frames for the computation
shall be computed from the time of receipt by the attorney. 29
C.F.R. �1614.605(d). Requests for reconsideration are deemed filed on
the date received by the Commission, unless postmarked earlier.
In this case, appellant's request for reconsideration carried a postmark
date of October 20, 1998. The record reflects that appellant's attorney
received our previous decision<1> on September 1, 1998. Thus, appellant's
request for reconsideration was filed more than thirty calendar days after
appellant's attorney received the previous decision. In the request for
reconsideration, there is a notation stating that the date the decision
was received was "unknown late September due to travel." It is not clear
whether appellant or his attorney was allegedly on travel. Appellant has
failed to submit justification for extending the filing period beyond
thirty days.
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01980594 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal from a decision of the Commission on a 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:
Feb 26, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
1 The previous decision affirmed the agency's dismissal of appellant's
complaint for failure to timely file a formal complaint.