05990494
11-02-1999
Deatira D. Williams, Appellant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.
Deatira D. Williams, )
Appellant, )
) Request No. 05990494
v. ) Appeal No. 01981846
) Agency No. BV1M97022
F. Whitten Peters, )
Acting Secretary, )
Department of the Air Force, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 25, 1999, Deatira D. Williams (appellant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Williams v. Dept. of the Air Force, EEOC Appeal
No. 01981846 (October 14, 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 the appellant is
represented by an attorney, the date of receipt is the date the materials
are received 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 postal
service meter mark of March 25, 1999. The record reflects that appellant's
attorney received our previous decision on October 19, 1998. Thus, the
request for reconsideration was filed more than thirty calendar days after
receipt of the previous decision. In the request for reconsideration,
no reason is offered for submitting the request for reconsideration
more than 30 days after receipt of the previous decision. However,
in a later submission, the attorney asserts that he did not receive
the decision until March 16, 1999. As proof he submits a copy of the
decision with his office date stamp on it as well as the envelope in
which it was received which carries a postmark date of March 12, 1999
and indicates it was a second mailing. Nonetheless, the Commission notes
that the green card with which the first decision was mailed was returned
to the Commission showing a date of October 19, 1998. That green card
was signed by a "C. Palacios" - the same person who signed the green
cards for receipt by the attorney of the final agency decision and the
second mailing of March 12, 1999. Both mailings were made to the same
address. The Commission finds that appellant has failed to provide
adequate justification for the untimely filing of the request.
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01981846 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:
Nov. 2, 1999
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat