E. David Debes, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Finance and Accounting Service), Agency.

Equal Employment Opportunity CommissionMar 19, 2003
05A00284 (E.E.O.C. Mar. 19, 2003)

05A00284

03-19-2003

E. David Debes, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Finance and Accounting Service), Agency.


E. David Debes v. Department of Defense

05A00284

March 19, 2003

.

E. David Debes,

Complainant,

v.

Donald H. Rumsfeld,

Secretary,

Department of Defense,

(Defense Finance and Accounting Service),

Agency.

Request No. 05A00284

Appeal No. 01982458

Agency No. DFAS-IN-00IN-97-032

DENIAL OF REQUEST FOR RECONSIDERATION

On December 20, 1999, complainant initiated a request to the Equal

Employment Opportunity Commission to reconsider the decision in

E. David Debes v. Department of Defense, EEOC Appeal No. 01982458

(October 27, 1999).<1> EEOC Regulations provide that a party may

request reconsideration within thirty days of receipt of the previous

Commission decision. See 29 C.F.R. � 1614.405(b). Unless evidence to

the contrary is presented, the Commission presumes that a decision is

received within five calendar days after it is mailed.

Complainant filed his request for reconsideration on December 20, 1999.

In his request for reconsideration, complainant does not contend that he

received our prior decision beyond the five-day time frame. In order for

his request for reconsideration to be considered timely, complainant had

to file it by December 1, 1999. Complainant does not provide adequate

justification for an extension of the applicable time limit for filing

his request for reconsideration. Accordingly, the Commission finds that

the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and

it is the decision of the Commission to deny the request. The decision

in EEOC Appeal No. 01982458 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

March 19, 2003

__________________

Date1 In EEOC Appeal No. 01982458, the Commission

concluded that complainant failed to prove, by a preponderance of the

evidence, that the agency violated Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. � 2000e et seq. Specifically, we found that

complainant was not discriminated against on the basis of his sex when,

in March 1997, he was not selected for a GS-13 level position at the

agency's facility in Indianapolis, Indiana.