Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionMar 29, 2000
05970849 (E.E.O.C. Mar. 29, 2000)

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.