05980532
10-08-1998
Elizabeth Smith, et al., Appellant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.
Elizabeth Smith, et al. v. Department of the Air Force
05980532
October 8, 1998
Elizabeth Smith, et al.,<1> )
Appellant, ) Request Nos. 05980532-0545
) Appeal Nos. 01970514
) 01975207-5219
v. ) Agency Nos. 7KOJ96041-047
) 7KOJ96049-052
F. Whitten Peters, ) 7KOJ96055-057
Acting Secretary, ) AL900970070
Department of the Air Force, ) AL900970474-485
Agency. ) AL9009700488
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 20, 1998, Elizabeth Smith and the other appellants identified
below, initiated a request to the Equal Employment Opportunity
Commission (EEOC) to reconsider the decision in Elizabeth Smith, et
al. v. Dept. Of the Air Force, EEOC Appeal Nos. 01970514, 01975207-5219
(January 14, 1998). EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission 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 misapplication of
established policy, 29 C.F.R. �1614.407(c)(2); and the previous decision
is of such exceptional nature as to have substantial precedential
implications, 29 C.F.R. �1614.407(c)(3). Appellants' requests are
denied.
After a review of appellants' requests for reconsideration, the previous
decision, and the entire records, the Commission finds appellants'
requests do not meet the criteria of 29 C.F.R. �1614.407(c), and
it is the decision of the Commission to deny appellants' requests.
The decision of the Commission in Appeal Nos. 01970514 and 01975207-5219
remains the Commission's final decision. There is no further right
of administrative appeal from the decision of the Commission on these
requests 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:
Oct. 8, 1998
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat
1This decision also encompasses the requests of Annetta C. Mahone, Dok
Mai Way, Lilia G. McGlocklin, Rita Shaw, Watcharee Kaiser, Ella V. Harrell,
Yong S. Wagoner, Evelyn M. King, Virginia M. Johnson, Bang Boyd, Catherine
Harrell, Tumni Phagan, and Carmela G. Garceau.