Louis B. Lapides, Complainant,v.Alexis M. Herman, Secretary, Department of Labor, Agency, ______________________________)

Equal Employment Opportunity CommissionJul 11, 2000
01985713 (E.E.O.C. Jul. 11, 2000)

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.