05A30470_r
03-17-2003
Lue V. Sanders, Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Lue V. Sanders v. Department of the Treasury
05A30470
March 17, 2003
.
Lue V. Sanders,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A30470
Appeal No. 01A22372
Agency No. 98-2179, 00-2007, 00-2058, 00-2152, 01-2087M
DENIAL OF REQUEST FOR RECONSIDERATION
Lue V. Sanders (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Lue V. Sanders v. Department of the Treasury, EEOC Appeal
No. 01A22372 (January 23, 2003). EEOC Regulations provide that the
Commission may, in its discretion, reconsider any previous Commission
decision where the requesting party demonstrates 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. See 29 C.F.R. �
1614.405(b).
In the appeal decision, the Commission did not find sufficient evidence
to determine whether complainant previously raised her claims in a
civil action. On request for reconsideration, complainant argues that
she did not raise the claims in a civil action. However, the record
still contains no copy of the complaint, summons, judgment, or any
other documentation from the civil action. Without this information,
the Commission still cannot determine whether the agency's dismissal
was proper. Complainant's request for reconsideration is denied for
failing to meet the criteria of 29 C.F.R. � 1604.405(b). The decision
in EEOC Appeal No. 01A22372 remains the Commission's final decision.
A copy of its order is reprinted below. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER
The agency shall supplement the record with evidence that shows the
complainant has filed a civil action encompassing the same claims
raised in agency case numbers TD 98-2179, 00-2007, 00-2058, 00-2152,
and 01-2087M. Thereafter, within 30 days after the date this decision
becomes final, the agency shall issue a new decision dismissing the
instant complaints, or issue a letter of acceptance of the complaints.
A copy of the new decision or letter of acceptance must be sent to the
Compliance Officer as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. 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
March 17, 2003
__________________
Date