Johnny L. Miller, Complainant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency,

Equal Employment Opportunity CommissionMar 24, 2000
05990644 (E.E.O.C. Mar. 24, 2000)

05990644

03-24-2000

Johnny L. Miller, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency,


Johnny L. Miller v. Department of Veterans Affairs

05990644

March 24, 2000

Johnny L. Miller, )

Complainant, )

) Request No. 05990644

v. ) Appeal No. 01982322

) Agency No. 95-1807

Togo D. West, Jr., )

Secretary, )

Department of Veterans Affairs, )

Agency, )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 5, 1999, Johnny L. Miller (complainant) timely initiated a

request to the Equal Employment Opportunity Commission (the Commission)

to reconsider the decision in Johnny L. Miller v. The Department of

Veterans Affairs, EEOC Appeal No. 01982322 (April 2, 1999).<1> EEOC

regulations provide that the Commissioners may, in their discretion,

reconsider any previous Commission decision. 64 Fed. Reg. 37, 644, 37,

656 (1999) (to be codified and hereinafter referred to as EEOC Regulation

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 previous decision involved a clearly

erroneous interpretation of material fact or law; or the decision will

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

the agency. Complainant's request is denied.

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

decision, and the entire record, the Commission finds that the 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 request. The decision in EEOC

Appeal No. 01982322 remains the Commission's final decision. There is no

further right of administrative appeal on the decision of the Commission

on this Request for Reconsideration.

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 24, 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 of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_________________________ __________________________

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.