Harmon L. Loy, Jr., Appellant,v.Lawrence H. Summers, Secretary, Department of the Treasury, Agency.

Equal Employment Opportunity CommissionNov 4, 1999
05980926 (E.E.O.C. Nov. 4, 1999)

05980926

11-04-1999

Harmon L. Loy, Jr., Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.


Harmon L. Loy, Jr. v. Department of the Treasury

05980926

November 4, 1999

Harmon L. Loy, Jr., )

Appellant, )

) Request No. 05980926

v. ) Appeal No. 01976156

) Agency No. 97-1160

Lawrence H. Summers, )

Secretary, )

Department of the Treasury, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On July 8, 1998, Harmon L. Loy, Jr. (hereinafter referred to as the

appellant) initiated a request to the Equal Employment Opportunity

Commission (the Commission) to reconsider the decision in Harmon L. Loy,

Jr. v. Robert E. Rubin, Secretary, Department of the Treasury, EEOC

Appeal No. 01976156 (June 3, 1998). EEOC regulations provide that

the Commissioners may, in their discretion, reconsider any previous

decision. 29 C.F.R. �1614.407(a). A party requesting reconsideration

must submit written argument or evidence which tends to establish one or

more of the following 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); 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

previous decision, and the entire record, the Commission finds that the

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 the appellant's

request. The decision in EEOC Appeal No. 01976156 (June 3, 1998)

remains the Commission's final decision. There is no further right of

administrative appeal on a decision of the Commission on a Request for

Reconsideration.<1> The agency is directed to comply with the Order,

below.

ORDER

The agency is ORDERED to process the remanded allegations in accordance

with 29 C.F.R. �1614.108. The agency shall acknowledge to the appellant

that it has received the remanded allegations within thirty (30) calendar

days of the date this decision becomes final. 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 this decision becomes final, 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 notice 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.

STATEMENT OF APPELLANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION

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. 4, 1999

Date Frances M. Hart

Executive Officer

1To the extent that appellant is claiming that a manager retaliated

against him based on his comments, he is raising a new matter not

brought to the attention of an EEO counselor. Appellant is advised

that if he wishes to pursue this allegation through the EEO process,

he shall initiate contact with an EEO counselor within 15 days after

he receives this decision. The Commission advises the agency that

if appellant seeks EEO counseling regarding the new allegation within

the above 15-day period, the date appellant filed the document raising

these matters shall be deemed to be the date of the initial EEO contact,

unless he contacted an EEO counselor earlier. Cf. Qatsha v. Department

of the Navy, EEOC Request No. 05970201 (January 16, 1998).