Joe J. Solano, Complainant,v.F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionMar 22, 2000
05980753 (E.E.O.C. Mar. 22, 2000)

05980753

03-22-2000

Joe J. Solano, Complainant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.


Joe J. Solano v. Department of the Air Force

05980753

March 22, 2000

Joe J. Solano, )

Complainant, )

) Request No. 05980753

v. ) Appeal No. 01961761

)

F. Whitten Peters, )

Acting Secretary, )

Department of the Air Force, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 29, 1998, Joe J. Solano (complainant) timely initiated a

request to the Equal Employment Opportunity Commission (the Commission)

to reconsider the decision in Joe J. Solano v. F. Whitten Peters,

Acting Secretary, Department of the Air Force, EEOC Appeal No. 01961761

(March 25, 1998).<1> EEOC regulations provide that the Commissioners

may, in their discretion, reconsider any previous Commission decision.

64 Fed. Reg. 37,644, 37,659 (1999)(to be codified and hereinafter

referred to as 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 an erroneous interpretation of material fact or law,

29 C.F.R. � 1614.405(b)(1); or the decision will have substantial impact

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

1614.405(b)(2).

After a review of complainant's request to reconsider, the previous

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

request fails to meet the criteria of 29 C.F.R. � 1614.405, and it is

the decision of the Commission to deny the request. The decision in

EEOC Appeal No. 01961761 (March 25, 1998) remains the Commission's final

decision. There is no further right of administrative appeal from a

decision of the Commission on a request to reconsider.

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:

March 22, 2000

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

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 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.