John Williams, Jr., Appellant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 8, 1998
05970590 (E.E.O.C. Oct. 8, 1998)

05970590

10-08-1998

John Williams, Jr., Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.


John Williams, Jr. v. Department of the Army

05970590

October 8, 1998

John Williams, Jr., )

Appellant, )

) Request No. 05970590

v. ) Appeal No. 01961507

)

Louis Caldera, )

Secretary, )

Department of the Army, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On March 15, 1997, John Williams, Jr. (hereinafter referred to as

appellant) initiated a request to the Equal Employment Opportunity

Commission (the Commission) to reconsider the decision in John Williams,

Jr. v. Togo D. West, Jr., Secretary, Department of the Army, EEOC Appeal

No. 01961507 (February 5, 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 a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);

and 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 appellant's request for reconsideration, the agency's

response thereto, the previous decision, and the entire record, the

Commission finds that appellant's request does not meet the criteria in

29 C.F.R. �1614.407(c). Therefore, it is the decision of the Commission

to deny appellant's request. The decision in EEOC Appeal No. 01961507

(February 5, 1997) remains the Commission's final decision. There is no

further right of administrative appeal on a decision of the Commission

on this Request for Reconsideration.

STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

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. 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 (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:

OCT 8, 1998

Date Frances M. Hart

Executive Officer

Executive Secretariat

1The record fails to show when appellant received the prior appellate

decision. Accordingly, appellant's request for reconsideration is deemed

to have been timely filed.