Joyce Y. Harlacker, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionJan 13, 2000
05980931 (E.E.O.C. Jan. 13, 2000)

05980931

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

05980931

January 13, 2000

Joyce Y. Harlacker, )

Complainant, )

)

v. ) Request No. 05980931

) Appeal No. 01972606

Richard J. Danzig, ) Agency No. 97-42237-009

Secretary, )

Department of the Navy, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On July 6, 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. 01972606 (June 3, 1998).<1>

The Commission, in its discretion, may grant a party's request to

reconsider a decision issued under the regulation set forth at 64 Fed. Reg

37,644, 37,659 (1999) (to be codified as 29 C.F.R. �1614.405(a)), if

the party demonstrates that:

The appellate 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.

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

cited as 29 C.F.R. �1614.405(b)).

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

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

request does not meet the criteria of 29 C.F.R. �1614.405(b), and

it is the decision of the Commission to deny complainant's request.

The decision of the Commission in EEOC Appeal No. 01972606 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.