05990256
08-10-2000
Cynthia L. Artis, et al., Complainant, v. Alan Greenspan, Chairman, Federal Reserve System, Agency.
Cynthia L. Artis, et al. v. Federal Reserve System
05990256
August 10, 2000
Cynthia L. Artis, et al., )
Complainant, )
)
v. ) Request No. 05990256
) Appeal No. 01976636
Alan Greenspan, ) Agency No. FRB-EEO-97-03-002
Chairman, )
Federal Reserve System, )
Agency. )
)
DECISION ON REQUEST FOR RECONSIDERATION
Complainant initiated a timely request to the Equal Employment Opportunity
Commission to reconsider the decision in Artis, et al. v. Federal Reserve
System, EEOC Appeal No. 01976636 (November 18, 1998).<1> The Commission,
in its discretion, may grant a party's request to reconsider a decision
issued under the regulation set forth at 64 Fed. Reg 37,644, 37,659 (1999)
(to be codified as 29 C.F.R. � 1614.405(a)), if the party demonstrates
that:
The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
The decision will have a substantial impact on the policies, practices
or operations of the agency.
64 Fed. Reg 37,644, 37,659 (1999) (to be codified as and hereinafter
cited as 29 C.F.R. � 1614.405(b)).
Complainant, as the class agent, filed a class complaint with the agency
which was the subject of an EEOC hearing request. By letter dated June
11, 1997, the Acting Director of the Washington Field Office of the
Commission stated that the agency informed the Washington Field Office
that the instant complaint was the basis of a pending civil action in the
United States District Court for the District of Columbia. The Acting
Director of the Washington Field Office noted that complaints must be
dismissed which are the subject of a pending civil action. The Acting
Director remanded the file to the agency for proper disposition.
The agency issued a decision dated July 23, 1997, finding that the United
States District Court for the District of Columbia had dismissed the
civil action. The agency dismissed the administrative EEO complaint
on the grounds that it was the subject of a civil action decided by the
United States District Court for the District of Columbia. The previous
decision found that on June 27, 1997, a United States District Court
Judge signed a Memorandum Opinion and a Judgment and Order dismissing
the civil action. The prior decision found that complainant had filed a
Notice of Appeal from the district court's decision. The prior decision
concluded that the matters raised in the administrative class complaint
were still pending in the civil action. The prior decision affirmed
the agency's dismissal of the class complaint.
In complainant's request to reconsider the previous decision, complainant
has submitted, for the first time, a copy of the United States Court of
Appeals decision (decided on October 20, 1998) affirming the judgment of
the district court. The Commission shall reconsider the previous decision
on our own motion. The Commission finds that the civil action is no
longer pending and has been dismissed on the grounds that complainant
failed to exhaust her administrative remedies. Because there is no
indication that complainant's civil action was dismissed with prejudice,
complainant's administrative class complaint should be reinstated.
See Stan v. Department of the Air Force, EEOC Request No. 05960266
(May 19, 1998).
Therefore, dismissal of the administrative EEO complaint by the agency
was improper pursuant to the regulation set forth at 64 Fed. Reg. 37,644,
37,656 (to be codified as 29 C.F.R. � 1614.107(a)(3)). The decision in
EEOC Appeal No. 01976636 is reversed, the agency's decision dismissing
the complaint is reversed, and the agency shall process the complaint
as directed in the Order set forth herein. There is no further right
of administrative appeal from a decision of the Commission on a request
for reconsideration.
ORDER
The agency shall request the Hearings Unit of the appropriate EEOC field
office to recommence processing the matter from the point where processing
ceased pursuant to the regulation set forth at 64 Fed. Reg. 37,644,
37,658 (to be codified as 29 C.F.R. � 1614.204). The agency is directed
to submit a copy of the complaint file to the EEOC Hearings Unit within
15 calendar days of the date this decision becomes final. The agency
shall provide written notification to the Compliance Officer at the
address set forth herein that the complaint file has been transmitted
to the Hearings Unit. Thereafter, the Administrative Judge shall issue
a decision on the complaint in accordance with 29 C.F.R. � 1614.204 and
the agency shall issue a final order in accordance with the regulation
set forth at 64 Fed. Reg. 37,644, 37,657 (to be codified as 29 C.F.R. �
1614.110).
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. �1614.503(a). The complainant also has
the right to file a civil action to enforce compliance with the
Commission's order prior to or following an administrative petition
for enforcement. See 64 Fed. Reg. 37,644, 37,659-60 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. ��1614.407, 1614.408),
and 29 C.F.R. �1614.503(g). Alternatively, the complainant has the
right to file a civil action on the underlying complaint in accordance
with the paragraph below entitled "Right to File A Civil Action."
29 C.F.R. ��1614.407 and 1614.408. A civil action for enforcement or
a civil action on the underlying complaint is subject to the deadline
stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the complainant
files a civil action, the administrative processing of the complaint,
including any petition for enforcement, will be terminated. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. �1614.409).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court WITHIN NINETY (90) CALENDAR DAYS from the date
that you receive this decision. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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:
August 10, 2000
________________ ______________________________
DATE Frances M. Hart
Executive Officer
Executive Secretariat
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 complainant, complainant's representative
(if applicable), and the agency on:
_____________________ _________________________
DATE
1On 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.