Ollie M. Darby, Complainant,v.Bill Richardson, Secretary, Department of Energy, Agency.

Equal Employment Opportunity CommissionApr 3, 2000
05a00067 (E.E.O.C. Apr. 3, 2000)

05a00067

04-03-2000

Ollie M. Darby, Complainant, v. Bill Richardson, Secretary, Department of Energy, Agency.


Ollie M. Darby v. Department of Energy

05A00067

April 3, 2000

Ollie M. Darby, )

Complainant, )

) Request No. 05A00067

v. ) Appeal No. 01984062

) Agency No. 98(040)OH

)

Bill Richardson, )

Secretary, )

Department of Energy, )

Agency. )

)

DENIAL OF REQUEST FOR RECONSIDERATION

On October 17, 1999, Ollie M. Darby (complainant)/the Department of

Energy (agency) initiated a request to the Equal Employment Opportunity

Commission (Commission) to reconsider the decision in Ollie M. Darby

v. Department of Energy, EEOC Appeal No. 01984062 (June 18, 1999).<1>

EEOC Regulations provide that the Commissioners may, in their discretion,

reconsider any previous Commission 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. Complainant's request is denied.

After a review of complainant's request for reconsideration, the

Commission finds that complainant received the Commission's previous

decision on June 23, 1999 and filed a request for reconsideration on

October 17, 1999. Volume 64 Fed. Reg. 37,644, 37,659 (1999) (to be

codified at and hereinafter referred to as 29 C.F.R. � 1614.402(a)),

provides in relevant part, that a complainant must file his or her

request for reconsideration within thirty days of receipt of the decision

on appeal. Here, the Commission finds that the complainant did not

file her request for reconsideration within the thirty days allotted

pursuant to 29 C.F.R. � 1614.604. Furthermore, complainant has not

provided any reasons on request why the limitations period should be

extended pursuant to Fed. Reg. 37,644, 37,661 (1999) (to be codified at

29 C.F.R. � 1614.604). Therefore, it is the decision of the Commission

to deny complainant's request. The decision in EEOC Appeal No. 01984062

(June 18, 1999) remains the Commission's final decision. There is no

further right of administrative appeal on a decision of the Commission

on this Request for Reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S1199)

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. If you

file a request to reconsider and also file a civil action, 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:

April 3, 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 appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.