Joan R. Stephens, Appellant, F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionNov 4, 1999
05980360 (E.E.O.C. Nov. 4, 1999)

05980360

11-04-1999

Joan R. Stephens, Appellant, F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.


Joan R. Stephens, )

Appellant, )

)

) Request No. 05980360

) Appeal No. 01966673

F. Whitten Peters, )

Acting Secretary, )

Department of the Air Force, )

Agency. )

____________________________________)

DENIAL ON REQUEST FOR RECONSIDERATION

On February 9, 1998, Joan R. Stephens (appellant) initiated a request to

the Equal Employment Opportunity Commission (Commission) to reconsider

the decision in Joan R. Stephens v. Department of the Air Force, EEOC

Appeal No. 01966673 (December 22, 1997).<1> 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).

After a review of appellant's request for reconsideration, the previous

decision, and the entire record, the Commission finds that appellant's

request does not meet the criteria of 29 C.F.R. �1614.407(c), and it is

the decision of the Commission to DENY appellant's request. The decision

of the Commission in Appeal No. 01966673 remains the Commission's final

decision. There is no further right of administrative appeal from

the decision of the Commission on this request for reconsideration.

The agency will comply with the order below.

ORDER

To the extent the agency has not already done so, the agency shall contact

appellant to clarify allegation (b). The agency shall determine whether

allegation (b) is separate from the accepted allegation and timely,

is part of the accepted allegation, or is background information for

the accepted allegation. Thereafter, the agency shall process the

allegation in accordance with EEOC regulations, AS AMENDED. A copy of

the agency's determination shall be sent to the Compliance Officer as

referenced herein.

The agency is ORDERED to process allegation (e) in accordance with 29

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

it has received allegation (e) within 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 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 60 days of receipt of appellant's

request. A copy of the agency's letter of acknowledgment 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 (R0993)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such 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 (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

Executive Secretariat

1 The certified mail receipt showing the date the decision was received

by appellant was not returned to the Commission. Because it cannot be

determined when appellant received the decision, we will consider this

request timely.