05970639
11-23-1998
Donald G. Moranville, Appellant, v. Bill Richardson, Secretary, Department of Energy, Agency.
Donald G. Moranville v. Department of Energy
05970639
November 23, 1998
Donald G. Moranville, )
Appellant, )
)
v. ) Request No. 05970639
) Appeal No. 01964771
Bill Richardson, ) Agency No. 94(95)WAPA
Secretary, )
Department of Energy, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On March 25, 1997, Donald G. Moranville, (hereinafter referred to
as appellant) timely initiated a request to the Equal Employment
Opportunity Commission (Commission) to reconsider the decision in Donald
G. Moranville v. Federico Pena, Secretary, Department of Energy, EEOC
Appeal No. 01964771 (February 24, 1997). EEOC regulations provide that
the Commission may, in its discretion, reconsider any previous decision.
29 C.F.R. �1614.407(a). The party requesting reconsideration must submit
written argument or evidence which tends to establish one or more of
the following three criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation, or material fact, or a misapplication
of established policy, 29 C.F.R. �1614.407(c)(2); and the decision is of
such exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3).
After a review of the appellant's request for reconsideration, the
agency's response thereto, the previous decision, and the entire record,
the Commission finds that appellant's request fails to meet the criteria
of 29 C.F.R. �1614.407(c), and it is the decision of the Commission
to deny appellant's request. The decision in EEOC Appeal No. 01964771
(February 24, 1997) remains the Commission's final decision. The agency
shall comply with the order of the previous decision as clarified
below.<1> There is no further right of administrative appeal from a
decision of the Commission on this request for reconsideration.
ORDER (E1092)
The agency is ORDERED to provide appellant with EEO counseling concerning
the new allegation of discrimination he has raised herein and to process
the remanded allegation in accordance with 29 C.F.R. �1614.105 et
seq. The agency shall acknowledge to the appellant that it has received
the remanded allegations within thirty (30) calendar days of the date
the agency receives this decision. The agency shall issue to appellant
a copy of the investigative file and also shall notify appellant of the
appropriate rights within one hundred fifty (150) calendar days of the
date the agency receives this decision, unless the matter is otherwise
resolved prior to that time. If the appellant requests a final decision
without a hearing, the agency shall issue a final decision within sixty
(60) days of receipt of appellant's request.
A copy of the agency's letter of acknowledgement to appellant and a copy
of the correspondence that transmits the investigative file and notice
of rights must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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
appellant. If the agency does not comply with the Commission's order, the
appellant may petition the Commission for enforcement of the order. 29
C.F.R. �1614.503(a). The appellant 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 29 C.F.R. ��
1614.408, 1614.409, and 1614.503(g). Alternatively, the appellant 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. �� 1614.408 and 1614.409. 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 appellant files a civil
action, the administrative processing of the complaint, including any
petition for enforcement, will be terminated. See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (Q0993)
This decision affirms the agency's final decision in part, but it also
requires the agency to continue its administrative processing of a
portion of your complaint. You have the right to file a civil action
in an appropriate United States District Court on both that portion of
your complaint which the Commission has affirmed AND that portion of the
complaint which has been remanded for continued administrative processing.
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. 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 (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 23, 1998
Date Frances M. Hart
Executive Officer
Executive Secretariat
1The order has been clarified to direct the agency to initially provide
appellant with EEO counseling on his new allegation that the agency
discriminatorily failed to select him for a GS-13 Safety and Security
Manager position. For the purposes of determining the timeliness of
appellant's EEO counselor contact, the agency shall utilize May 4, 1996,
the date that appellant first raised this issue with the agency.