05980856
10-25-1999
Miguel A. Contreras, et al., Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, Agency.
Miguel A. Contreras, et al., )
Appellant, )
) Request No. 05980856
v. ) Appeal No. 01961671
)
Lawrence H. Summers, )
Secretary, )
Department of the Treasury, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On June 8, 1998, the Department of the Treasury (hereinafter referred to
as the agency) initiated a request to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decision in Miguel
A. Contreras, et al. v. Robert E. Rubin, Secretary, Department of the
Treasury, EEOC Appeal No. 01961671 (May 11, 1998). EEOC regulations
provide that the Commissioners may, in their discretion, reconsider
any previous Commission decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence which
tends to establish one or more of the following three 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 a misapplication of established policy, 29
C.F.R. �1614.407(c)(2); and 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 agency's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
agency's request does not meet the criteria in 29 C.F.R. �1614.407(c).
Therefore, it is the decision of the Commission to deny the agency's
request.<1> The decision in EEOC Appeal No. 01961671 (May 11, 1998)
remains the Commission's final decision. The agency shall comply with
the provisions of the Order set forth below. There is no further right
of administrative appeal on a decision of the Commission on this Request
for Reconsideration.
ORDER
The agency is ORDERED to process the remanded class complaint in
accordance with 29 C.F.R. �1614.204(e) et seq. Within fifteen (15)
calendar days of the date this decision becomes final, the agency shall
notify all class members of the acceptance of the class complaint in
accordance with the requirements of �1614.204(e). Within thirty (30)
calendar days of the date this decision becomes final, the agency shall
provide the appropriate EEOC District Office with a copy of the notice
sent to the class members, and shall request the appointment of an
administrative judge, who shall undertake the continued processing of
the complaint pursuant to �1614.204(f) et seq. The agency shall provide
a copy of the notice of certification and request for appointment of an
administrative judge to the Compliance Officer, as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
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 appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant 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. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant 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. �� 1614.408 and 1614.409. 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) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
STATEMENT OF 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:
Oct. 25, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat1With regard to
the agency's request for clarification,
the Commission notes that a class agent
has limited access to precertification
discovery, and that an Administrative
Judge has the latitude to redefine
a class, subdivide it, or recommend
dismissal if it is discovered that
there is no longer a basis to proceed
as a class complaint. Hines, et
al. V. Department of the Air Force,
EEOC Request No. 05940917 (January
29, 1996).