05a00128
03-08-2000
Malinda Johnson, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Malinda Johnson v. Department of Veterans Affairs
05A00128
March 8, 2000
Malinda Johnson, )
Complainant, )
)
v. ) Request No. 05A00128
) Appeal No. 01994640
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 10, 1999, the complainant timely initiated a request to the
Equal Employment Opportunity Commission (Commission) to reconsider
the decision in Malinda Johnson v. Department of Veterans Affairs,
EEOC Appeal No. 01994640 (September 10, 1999 ).<1> EEOC regulations
provide that the Commission may, in its discretion, reconsider any
previous decision. 64 Fed. Reg. 37,644, 37,656 (1999) (to be codified
and hereinafter referred to as EEOC Regulation 29 C.F.R. �1614.405(b)).
The party requesting reconsideration must submit written argument
or evidence which tends to establish one or more of the following
two criteria: the appellate decision involved a clearly erroneous
interpretation of material fact or law; or the decision will have a
substantial impact on the policies, practices or operations of the agency.
After a review of the request for reconsideration, the previous decision,
and the entire record, the Commission finds that the complainant's
request fails to meet the criteria of 29 C.F.R. �1614.405(b), and it
is the decision of the Commission to deny the request. The decision in
EEOC Appeal No. 01994640 (September 10, 1999) remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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 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.
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:
March 8, 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 of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
DATE Equal Employment Assistant
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
Federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present request. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.