01985713
07-11-2000
Louis B. Lapides, Complainant, v. Alexis M. Herman, Secretary, Department of Labor, Agency, ______________________________)
Louis B. Lapides v. Department of Labor
01985713
July 11, 2000
Louis B. Lapides, )
Complainant, )
)
v. ) Appeal No. 01985713
) Agency No. 7-11-146
Alexis M. Herman, ) Hearing No. 100-98-7190X
Secretary, )
Department of Labor, )
Agency, )
______________________________)
DECISION
The record shows that complainant filed a class complaint on behalf
of an agency entity identified as the Deaf Advisory Group, alleging
that the agency had engaged in discriminatory practices on the basis of
physical disability (deafness) when �despite requests for the provision of
appropriate auxiliary aides to ensure effective communication with [its]
employees with disabilities at the swearing in ceremony, [the agency]
failed or refused to secure a location for an interpreter ... and did
not provide captioning or inserted interpreter services in television
programming�.
The class complaint was sent to the Commission by the agency for a
recommended decision whether it should either be accepted or dismissed.
On February 20, 1998, the Administrative Judge (AJ) assigned by the
Commission to make such determination, sent to the parties a request
for specificity. The request provided complainant with fifteen
days from the date of its receipt of the document in which to submit
the requested information. The record shows that complainant failed
to comply with the AJ's request. On March 18, 1998, the AJ issued a
recommended decision that the class complaint be dismissed. Because the
agency neither modified nor rejected the recommended decision, pursuant
to EEOC Regulations, the AJ's recommended decision became the agency's
final decision.
EEOC Regulation 29 C.F.R. � 1614.204 provided that the AJ's findings
would be adopted as the final agency decision if the agency failed to
issue a decision within thirty calendar days.<1> Because the agency did
not modify or reject the AJ's recommended decision, the AJ's recommended
decision became the agency's final decision. The Commission determines
that the final agency decision properly dismissed complainant's complaint
and is therefore AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
July 11, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
Date Equal Employment Assistant
1 At the time of the AJ's decision, the regulations in effect provided
that the agency must issue a decision within thirty (30) calendar days
of the date of receipt of the AJ's decision. As of November 9, 1999,
revised regulations governing the EEOC's federal sector complaint process
went into effect.