John D. Taglieri, Complainant, George C. Tenent, Director, Central Intelligence Agency, Agency.

Equal Employment Opportunity CommissionJul 6, 2000
05990131 (E.E.O.C. Jul. 6, 2000)

05990131

07-06-2000

John D. Taglieri, Complainant, George C. Tenent, Director, Central Intelligence Agency, Agency.


John D. Taglieri v. Central Intelligence Agency

05990131

July 6, 2000

John D. Taglieri, )

Complainant, ) Request No. 05990131

) Appeal No. 01980172

) Agency No. 97-29

)

George C. Tenent, )

Director, )

Central Intelligence Agency, )

Agency. )

____________________________________)

DENIAL OF REQUEST TO RECONSIDER

By letter dated Tuesday, September 8, 1998, one day after Labor

Day, the complainant initiated a request to the Equal Employment

Opportunity Commission (Commission) to reconsider the decision in Taglieri

v. Central Intelligence Agency, EEOC Appeal No. 01980172 (August 4, 1998).

The decision was received at the complainant's address on August 8, 1998.

Apparently, due to security procedures, the complainant filed his request

with the agency. The agency delivered the request to the Commission

via courier. As the record does not show when the complainant filed

the request with the agency, and it is dated September 8, 1998, we deem

it to be timely. EEOC regulations provide that the Commission may,

in its discretion, reconsider a previous decision where the party

demonstrates that: (1) the previous decision involved a clearly

erroneous interpretation of material fact or law; or (2) the decision

will have a substantial impact on the policies, practices or operations

of the agency. 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified as

29 C.F.R. � 1614.405(b)).<1>

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

agency's response thereto, the previous decision, and the entire record,

the Commission finds that the complainant's 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 complainant's request. The decision in EEOC

Appeal No. 01980172 remains the Commission's final decision.<2>

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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:

July 6, 2000

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

1On 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.

2In November 1999, the Commission sent correspondence to the parties

asking if the portion of the complaint accepted by the agency was still

pending before it. It explained that under new Commission regulations,

dismissed allegations pending before the Commission should be consolidated

with those that were accepted. 64 Fed. Reg. 37,644, 37,656 (1999)

(to be codified as 29 C.F.R. � 1614.107(b)). Upon further reflection,

we find that it is appropriate to adjudicate the pending request for

reconsideration.