Lamon Grier, Jr., Complainant,v.Rodney E. Slater, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity CommissionNov 22, 2000
05a01303 (E.E.O.C. Nov. 22, 2000)

05a01303

11-22-2000

Lamon Grier, Jr., Complainant, v. Rodney E. Slater, Secretary, Department of Transportation, Agency.


Lamon Grier, Jr. v. Department of Transportation

05A01303

November 22, 2000

.

Lamon Grier, Jr.,

Complainant,

v.

Rodney E. Slater,

Secretary,

Department of Transportation,

Agency.

Request No. 05A01303

Appeal No. 01992532

Agency No. DOT 2-98-2035

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Lamon Grier,

Jr. v. Department of Transportation, EEOC Appeal No. 01992532 (August

8, 2000). By regulation, requests for reconsideration must be filed

within 30 calendar days after the party receives our previous decision.

29 C.F.R. � 1614.405(b). A document is timely if it is received or

postmarked before the expiration of the applicable filing period, or, in

the absence of a legible postmark, is received by mail within five days of

the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).

It is noted that the Commission's previous decision included a Certificate

of Mailing indicating that for timeliness purpose, the Commission will

presume that this decision was received within five (5) calendar days

of mailing, which was August 8, 2000. Complainant filed the request

for reconsideration postmarked September 15, 2000, which was beyond the

30-day time limit. On request for reconsideration, complainant states

that he received the Commission's previous decision on August 16, 2000.

However, complainant does not provide any supporting evidence other than

his mere assertion to overcome the foregoing presumption, nor does he

submit adequate justification for extending the filing period beyond

30 days. Accordingly, complainant's request for reconsideration

is hereby DISMISSED. The decision in EEOC Appeal No. 01992532

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 (P0900)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

November 22, 2000

__________________

Date