05990077
07-09-1999
Phillip K. Symon, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury, (Internal Revenue Service), Agency.
Phillip K. Symon, )
Appellant, )
) Request No. 05990077
v. ) Appeal No. 01964295
) Agency Nos. 95-3203
) 95-3260
Robert E. Rubin, )
Secretary, )
Department of the Treasury, )
(Internal Revenue Service), )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 17, 1998, Phillip K. Symon (appellant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Phillip K. Symon v. Robert E. Rubin,
Secretary, Department of the Treasury, EEOC Appeal No. 01964295
(September 18, 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 appellant's request to reconsider, the previous
decision, and the entire record, the Commission finds that appellant's
request fails to meet the criteria of 29 C.F.R. �1614.407(c), and it
is the decision of the Commission to deny the request. The decision in
EEOC Appeal No. 01964295 (September 18, 1998) remains the Commission's
final decision. There is no further right of administrative appeal from
a decision of the Commission on a request to reconsider.<1>
STATEMENT OF APPELLANT'S 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:
07-09-99
Date Frances M. Hart
Executive Officer
Executive Secretariat
1The previous decision indicated, in footnote 3, that appellant, on
appeal, had raised new allegations of discrimination. Appellant was
advised to seek EEO counseling regarding these matters. We note,
however, that appellant, in his request for reconsideration, has again
raised new allegations of discrimination. We note, in this regard,
his contention that he has been harassed for 3 � years with regard to
his working conditions and performance appraisals. Appellant is again
advised that if he wishes to pursue these allegations, through the EEO
process, he must initiate contact with an EEO counselor within 15 days
after he receives this decision. The Commission advises the agency that
if appellant seeks EEO counseling regarding his contention that he has
been harassed for 3 � years with regard to his working conditions and
performance appraisals within the above 15 day period, the date appellant
filed his request for reconsideration, October 17, 1998, shall be deemed
to be the date of initial EEO contact, unless he previously contacted
a counselor regarding these matters, in which case the earlier date
should serve as the EEO counselor contact date. See Alexander J. Qatsha
v. Department of the Navy, EEOC Request No. 05970201 (January 16, 1998).