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.