05a00054
04-17-2000
Erich E. Lachmann, Complainant, v. William S. Cohen, Secretary, Department of Defense, Agency
Erich E. Lachmann v. Department of Defense
05A00054
April 17, 2000
Erich E. Lachmann, )
Complainant, )
) Request No. 05A00054
v. ) Appeal No. 01975804
) Agency No. DIS -90-170-14-R
) DIS 91-196-14-R
William S. Cohen, ) Hearing No. 170-96-8113X
Secretary, ) 170-96-8114X
Department of Defense, )
Agency )
)
)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 12, 1999, Erich E. Lachmann (complainant)/the United States
Department of Defense (agency) initiated a request to the Equal Employment
Opportunity Commission (Commission) to reconsider the decision in
Erich E. Lachmann v. United States Department of Defense, EEOC Appeal
No. 01975804 (September 2, 1999).<1> EEOC Regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 64 Fed. Reg. 37,644, 37,656 (1999)(to be codified
and hereinafter referred to as EEOC Regulation 29 C.F.R. � 1614.405(b)).
The party requesting reconsideration must submit written argument
or evidence which tends to establish one or more of the following
two criteria: 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. Complainant's request is denied.
After a review of complainant's request for reconsideration, the
Commission finds that complainant received the Commission's previous
decision on September 7, 1999 and filed a request for an extension
to file a request for reconsideration on October 12, 1999. Since the
Commission does not grant extensions for requests for reconsideration,
the Commission will treat complainant's request for as his actual request
for reconsideration. Volume 64 Fed. Reg. 37,644, 37,659 (1999) (to be
codified at and hereinafter referred to as 29 C.F.R. � 1614.402(a)),
provides in relevant part, that a complainant must file his or her
request for reconsideration within thirty days of receipt of the
decision on appeal. Here, the Commission finds that the complainant
did not file his request for reconsideration within the thirty days
allotted pursuant to 29 C.F.R. � 1614.604. Furthermore, complainant
has not provided any reasons on request why the limitations period
should be extended pursuant to Fed. Reg. 37,644, 37,661 (1999) (to be
codified at 29 C.F.R. � 1614.604). Therefore, it is the decision of the
Commission to deny complainant's request. The decision in EEOC Appeal
No. 01975804 (September 2, 1999) remains the Commission's final decision.
There is no further right of administrative appeal on a decision of the
Commission on this Request for Reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
April 17, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
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.