05990502-05a00192
05-26-2000
Mona L. Dogans, Complainant, v. Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.
Mona L. Dogans, ) Request Nos. 05981193
Complainant, ) 05980447
) 05A00192
) 05990502
) Appeal Nos. 01965266
v. ) 01960330
) 01986529
) 01983048
) Agency Nos. FW9330
Andrew M. Cuomo, ) FW9222
Secretary, ) FW9755
Department of Housing and Urban ) FW9804
Development, ) Hearing Nos. 270-97-9999x
Agency. ) 270-94-9055x
)
)
DENIAL OF REQUESTS FOR RECONSIDERATION
Complainant timely initiated requests to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decisions in: 1)
Mona L. Dogans v. Department of Housing and Urban Development, EEOC
Appeal No. 01986529 (October 12, 1999); 2) Mona L. Dogans v. Department
of Housing and Urban Development, EEOC Appeal No. 01960330 (January
29, 1998); and 3) Mona L. Dogans v. Department of Housing and Urban
Development, EEOC Appeal No. 01965266 (September 15, 1998).<1> The
Agency timely initiated a request to the Commission to reconsider the
decision in Mona L. Dogans v. Department of Housing and Urban Development,
EEOC Appeal No. 01983048 (February 17, 1999). 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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and
hereinafter referred to as 29 C.F.R. � 1614.405(b)).
After a review of the requests for reconsideration, the previous
decisions, and all four records, the Commission finds that the requests
fail to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the
decision of the Commission to deny the requests. The decisions in
EEOC Appeal Nos. 01965266, 01960330, 01986529, and 01983048 remain
the Commission's final decisions. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER
The agency is ORDERED to process the remanded complaint in Agency
No. FW9804 in accordance with 29 C.F.R. �1614.108. The agency shall
acknowledge to the appellant that it has received the remanded complaint
within thirty (30) calendar days of the date this decision becomes
final. The agency shall issue to appellant a copy of the investigative
file and also shall notify appellant of the appropriate rights within
one hundred fifty (150) calendar days of the date this decision becomes
final, unless the matter is otherwise resolved prior to that time. If the
appellant requests a final decision without a hearing, the agency shall
issue a final decision within sixty (60) days of receipt of appellant's
request. A copy of the agency's letter of acknowledgment to appellant
and a copy of the notice that transmits the investigative file and notice
of rights must be sent to the Compliance Officer as referenced herein.
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.
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:
05-26-00
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
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 appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.