05970540
03-18-1999
Lester Friedlander, Appellant, v. Daniel R. Glickman, Secretary, Department of Agriculture, Agency.
Lester Friedlander v. Department of Agriculture
05970540
March 18, 1999
Lester Friedlander, )
Appellant, )
) Request No. 05970540
v. ) Appeal No. 01964354
) Agency Nos.<1> 93-0406; 94-
Daniel R. Glickman, ) 0324; 95-0206; 95-0313
Secretary, )
Department of Agriculture, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 28, 1997, Lester Friedlander (hereinafter referred to
as the appellant) timely initiated a request to the Equal Employment
Opportunity Commission (the Commission) to reconsider the decision in
Lester Friedlander v. Dan Glickman, Secretary, Department of Agriculture,
EEOC Appeal No. 01964354 (January 29, 1997). EEOC regulations provide
that the Commissioners may, in their discretion, reconsider any previous
decision. 29 C.F.R. �1614.407(a). A party requesting reconsideration
must submit written argument or evidence which tends to establish one or
more of the following criteria: new and material evidence is available
that was not readily available when the previous decision was issued,
29 C.F.R. �1614.407(c)(1); the previous decision involved an erroneous
interpretation of law, regulation or material fact, or misapplication of
established policy, 29 C.F.R. �1614.407(c)(2); the decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3).
After a review of the appellant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
appellant's request fails to meet the criteria of 29 C.F.R. �1614.407(c),
and it is the decision of the Commission to deny the appellant's request.
The decision in EEOC Appeal No. 01964354 (January 29, 1997), as modified,
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on a Request for
Reconsideration.<2>
STATEMENT OF APPELLANT'S RIGHTS - ON 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:
March 18, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
1Although appellant referred to Complaint No. 93-0623 in his filing
with the agency, the agency has asserted that it has no record of this
complaint, and appellant has not stated otherwise.
2The agency has complied with the Commission's Order from the previous
decision. Pursuant to that Order, the agency issued a final agency
decision, and appellant has filed an appeal, which is pending before
the Commission as EEOC Appeal No. 01974424.