05970849
03-29-2000
Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
v. Department of the Army
05970849
March 29, 2000
)
Complainant, ) Request Nos. 05970849, 05980879,
) 05981001, 05981079
v. ) Appeal Nos. 01961881, 01976148,
) 01973669, 01975283
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
____________________________________)
DECISION
________ (hereinafter referred to as complainant) timely initiated
requests to the Equal Employment Opportunity Commission (Commission)
to reconsider the decisions in ________ v. Togo D. West, Jr.,
Secretary, Department of the Army, EEOC Appeal No. 01961881 (April 3,
1997); ________ v. Robert M. Walker, Acting Secretary, Department
of the Army, EEOC Appeal No. 01976148 (May 27, 1998); ________
v. Robert M. Walker, Acting Secretary, Department of the Army, EEOC Appeal
No. 01973669 (July 8, 1998); and ________ v. Robert M. Walker,
Acting Secretary, Department of the Army, EEOC Appeal No. 01975283
(July 30, 1998).<1> EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous decision where the
party demonstrates that: (1). the previous 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 operation
of the agency. 64 Fed.Reg. 37,644, 37,659 (1999) (to be codified and
hereinafter referred to as 29 C.F.R. �1614.405(b)).<2> For the reasons
set forth herein, complainant's requests are dismissed.
According to the record, complainant filed four EEO complaints,
alleging that she was subjected to sex and reprisal discrimination
and harassed. Complainant submitted lengthy statements describing the
alleged discrimination, which included being charged with eight hours
absence without leave, being issued a letter of warning, management
encouraging former students and co-workers to make disparaging remarks and
accusations about her, and EEO personnel mishandling a prior complaint.
The previous decisions affirmed the final agency decisions either finding
that complainant had not been subjected to discrimination or that the
complaints were properly dismissed.
Subsequent to complainant's filing the requests herein, the agency
notified the Commission that complainant had filed a civil action in the
United States District Court for the Northern District of California
(civil action number C-99-20465) on May 20, 1999, with regard to
matters in various complaints which had been pending for more than
180 days. The EEOC Regulations provide that a complainant may file a
civil action within 90 days of the receipt of the Commission's final
decision, or after 180 days if there has been no final decision issued.
64 Fed.Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. �1614.407). In addition, the filing of a civil action
by a complainant shall terminate Commission processing of the matter.
64 Fed.Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. �1614.409). Upon reviewing the record in these cases,
the Commission finds that the issues in the underlying complaints have
been raised in the civil action filed by complainant. Accordingly,
complainant's requests for reconsideration are hereby DISMISSED.
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:
March 29, 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 of mailing. I certify
that the decision was mailed to claimant, claimant's representative
(if applicable), and the agency on:
_________________________ __________________________
Date
1Complainant filed her requests with regard to EEOC Appeal
Nos.01961881, 01976148, 01975283, and 01973669 on April 29, 1997,
June 19, 1998, July 24, 1998, and August 24, 1998, respectively.
2On 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.