05980318
01-13-2000
Joyce Y. Harlacker, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Joyce Y. Harlacker v. Department of the Navy
05980318
January 13, 2000
Joyce Y. Harlacker, )
Complainant, )
)
v. ) Request No. 05980318
) Appeal No. 01970928
Richard J. Danzig, ) Agency No. 96-42237-010
Secretary, )
Department of the Navy, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On January 23, 1998, complainant initiated a request to the Equal
Employment Opportunity Commission (EEOC) to reconsider the decision in
Harlacker v. Department of the Navy, EEOC Appeal No. 01970928 (Dec. 18,
1997).<1> A Domestic Return Receipt shows that the decision in EEOC
Appeal No. 01970928 was received by complainant's attorney on December
22, 1997. A request for reconsideration must be filed within 30 days
of receipt of a decision of the Commission. 64 Fed. Reg 37,644,
37,659 (1999) (to be codified as 29 C.F.R. �1614.405(b)). The 30
day filing period ended on January 21, 1998. Complainant has not
provided a persuasive reason to extend the filing deadline. Therefore,
we find that complainant's request is untimely. Complainant's request
for reconsideration is denied. The decision of the Commission in EEOC
Appeal No. 01970928 remains the Commission's final decision. There is no
further right of administrative appeal from a decision of the Commission
on a 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:
Jan. 13, 2000
DATE Frances M. Hart
Executive Officer
Executive Secretariat
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:
___________________ _________________________
Date Equal Employment Assistant
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.