Fernandos Taylor, Complainant,v.Janet Reno, Attorney General, Department of Justice, (Federal Bureau of Prisons), Agency.

Equal Employment Opportunity CommissionOct 31, 2000
05a00593 (E.E.O.C. Oct. 31, 2000)

05a00593

10-31-2000

Fernandos Taylor, Complainant, v. Janet Reno, Attorney General, Department of Justice, (Federal Bureau of Prisons), Agency.


Fernandos Taylor v. Department of Justice

05A00593

October 31, 2000

.

Fernandos Taylor,

Complainant,

v.

Janet Reno,

Attorney General,

Department of Justice,

(Federal Bureau of Prisons),

Agency.

Request No. 05A00593

Appeal No. 01995805

Agency No. P-96-9016

Hearing No. 130-98-8057X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Fernandos

Taylor v. Department of Justice, EEOC Appeal No. 01995806 (March

13, 2000), which affirmed the Administrative Judge's finding of no

discrimination in this case.<1> In his complaint, complainant alleged

that he was discriminated against on the bases of race (Black) and in

reprisal for prior EEO activity, when the agency required him submit

to a fitness-for-duty examination. EEOC Regulations provide that the

Commission may, in its discretion, reconsider any previous Commission

decision where the requesting party demonstrates that: (1) the appellate

decision involved a clearly erroneous interpretation of material fact

or law; or (2) the appellate decision will have a substantial impact on

the policies, practices, or operations of the agency. See 29 C.F.R. �

1614.405(b).

After a review of the complainant's request for reconsideration, the

previous decision, and the entire record, 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. We note that nothing

submitted in support this request establishes that the prior decision

involved a clearly erroneous interpretation of law or fact, or will have

a substantial impact on the policies, practices, or operations of the

agency. The decision in EEOC Appeal No. 01993182 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

October 31, 2000

Date

1 On 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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.