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