Larry R. James, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionDec 6, 2000
01981279-_01991747 (E.E.O.C. Dec. 6, 2000)

01981279-_01991747

12-06-2000

Larry R. James, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


Larry R. James v. Department of the Navy

01981279, 01991747

December 6, 2000

.

Larry R. James,

Complainant,

v.

Richard J. Danzig,

Secretary,

Department of the Navy,

Agency.

Appeal Nos. 01981279

01991747

Agency Nos. 97-55304-003;

98-55304-001

DISMISSAL OF APPEALS

In Agency No. 97-55304-003, complainant raised 6 claims of discrimination.

The agency, however, on November 12, 1997, issued a partial dismissal

in Agency No. 97-55304-003, dismissing 2 of the 6 claims. As a result,

complainant filed an appeal with the Commission on November 21, 1997.

The appeal was assigned EEOC Appeal No. 01981279. The remaining 4

claims were accepted for investigation. In Agency No. 98-55304-001,

complainant raised 4 claims of discrimination. The agency, however, on

December 16, 1997, issued a partial dismissal in Agency No. 98-55304-001,

dismissing 3 of the 4 claims. Complainant did not appeal this partial

dismissal and the remaining claim was accepted for investigation.

On November 23, 1998, the agency issued a decision on the merits with

regard to the accepted issues in both Agency Nos. 97-55304-003 and

98-55304-001 finding no discrimination. The complainant, on December 28,

1998, appealed this decision to the Commission. The appeal was assigned

EEOC Appeal No. 01991747.

For the purposes of this decision, the Commission will consolidate EEOC

Appeal Nos. 01981279 and 01991747. See 29 C.F.R. � 1614.606. The record

reflects that on November 17, 2000, the Commission was notified that

complainant filed a civil action (identified as Civil Action No. 00CV

Z017J (AJB)) in the United States District Court for the Southern

District of California. The record further discloses that the claims

raised therein are the same as those raised in EEOC Appeal Nos. 01981279

and 01991747. EEOC Regulation 29 C.F.R. � 1614.409 provides that

the filing of a civil action "shall terminate Commission processing of

the appeal." Accordingly, complainant's appeals are hereby DISMISSED.

See 29 C.F.R. � 1614.409.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. The appellate decision involved a clearly erroneous interpretation

of material fact or law; or

2. The appellate decision will have a substantial impact on the policies,

practices, or operations of the agency.

Requests to reconsider, with supporting statement or brief, must be filed

with the office of federal operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

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

December 6, 2000

__________________

Date