Mona L. Dogans, Complainant,v.Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity CommissionMay 26, 2000
05990502-05a00192 (E.E.O.C. May. 26, 2000)

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.