Phyllis Cournan, Complainant,v.John Ashcroft, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.

Equal Employment Opportunity CommissionJun 8, 2004
05a40727 (E.E.O.C. Jun. 8, 2004)

05a40727

06-08-2004

Phyllis Cournan, Complainant, v. John Ashcroft, Attorney General, Department of Justice (Federal Bureau of Investigation), Agency.


Phyllis Cournan v. Department of Justice (Federal Bureau of Investigation)

05A40727

06-08-04

.

Phyllis Cournan,

Complainant,

v.

John Ashcroft,

Attorney General,

Department of Justice

(Federal Bureau of Investigation),

Agency.

Request No. 05A40727

Appeal No. 01A40642

Agency No. F-01-5548

DECISION ON REQUEST TO RECONSIDER

On April 23, 2004, Phyllis Cournan (complainant) timely initiated a

request to the Equal Employment Opportunity Commission to reconsider

the decision in Phyllis Cournan v. John Ashcroft, Attorney General,

Department of Justice (Federal Bureau of Investigation), EEOC Appeal

No. 01A40642 (March 30, 2004). EEOC regulations provide that the

Commission may, in its discretion, reconsider any previous decision

where the party demonstrates that: (1) the previous decision involved

a clearly erroneous interpretation of material fact or law; or (2)

the decision will have a substantial impact on the policies, practices,

or operation of the agency. 29 C.F.R. � 1614.405(b).

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

previous decision, and the entire record, the Commission finds that the

request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it

is the decision of the Commission to deny the request.<1> The decision

in EEOC Appeal No. 01A40642 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on a request for reconsideration.

STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

____06-08-04______________

Date

1The Commission has no jurisdiction over matters regarding

whistle-blowing, and "family-friendliness," without more, is not within

its purview.