01976636
11-18-1998
Cynthia L. Artis, et al. v. Federal Reserve System
01976636
November 18, 1998
Cynthia L. Artis, et al., )
Appellant, )
)
v. ) Appeal No. 01976636
) Agency No. FRB-EEO-97-03-002
Alan Greenspan, )
Chairman, )
Federal Reserve System, )
Agency. )
___________________________________)
DECISION
The Commission finds that the agency's decision dated July 23, 1997
dismissing the instant class complaint (dated February 28, 1997)
for raising allegations that are the basis of a civil action in which
appellant is a party is proper pursuant to 29 C.F.R. �1614.107(c).
On September 11, 1996 appellant filed a class civil action against the
agency in the United States District Court for the District of Columbia
(96-2105 (NHJ)). The matters raised in the instant administrative class
complaint are the same as those matters raised in the civil action.
On June 27, 1997 a United States District Judge signed a Memorandum
Opinion and a Judgment and Order (both the Memorandum Opinion and the
Judgment and Order were filed on June 30, 1997) dismissing appellant's
civil action. On August 25, 1997 appellant filed a Notice of Appeal from
the District Court's decision. A Docketing Statement indicates that
the appeal is with the United States Court of Appeals for the District
of Columbia Circuit and was docketed on September 19, 1997.
There is no indication in the record that the United States Court of
Appeals for the District of Columbia Circuit has issued a decision on
the matter. Appellant has not claimed that she has withdrawn her appeal
before the United States Court of Appeals. Therefore, we find that the
matters raised in the administrative class action complaint are still
pending in the civil action. If the Commission were to adjudicate the
administrative class action complaint, then the possibility exists
that there would be inconsistent rulings by the United States Court
of Appeals and the Commission. The Commission finds that the agency
properly dismissed the complaint pursuant to �1614.107(c). See Johnson
v. Department of Health and Human Svcs., EEOC Appeal No. 01943070
(Mar. 24, 1995), request to reconsider denied, EEOC Request No. 05950562
(May 2, 1996).
The agency is reminded that once a class complaint is dismissed the
agency shall inform the class agent either that the complaint is being
filed on that date as an individual complaint of discrimination or that
the complaint is also dismissed as an individual complaint in accordance
with �1614.107. 29 C.F.R. �1614.204(d)(7).
The agency's decision dismissing the class complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
19848, Washington, D.C. 20036. In the absence of a legible postmark,
the request to reconsider shall be deemed filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and any supporting documentation must be submitted with your
request for reconsideration. The Commission will consider requests
for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. �l6l4.604(c).
RIGHT TO FILE A CIVIL ACTION (S0993)
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. If you file a request to reconsider and also file a
civil action, filing a civil action will terminate the administrative
processing of your complaint.
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:
November 18, 1998
DATE Ronnie Blumenthal, Director
Office of Federal Operations