Rachel M. Johnson, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionAug 25, 2000
05A00986 (E.E.O.C. Aug. 25, 2000)

05A00986

08-25-2000

Rachel M. Johnson, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


Rachel M. Johnson v. Department of the Navy

05A00986

August 25, 2000

.

Rachel M. Johnson,

Complainant,

v.

Richard J. Danzig,

Secretary,

Department of the Navy,

Agency.

Request No. 05A00986

Appeal No. 01A00930

Agency No. DON 99-00232-005

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Rachel

M. Johnson v. Department of the Navy, EEOC Appeal No. 01A00930 (June

13, 2000).<1> EEOC Regulations provide that the Commission may, in

its discretion, grant a party's request to reconsider a decision issued

under the regulation set forth at 64 Fed. Reg. 37,644, 37,659 (1999) (to

be codified as 29 C.F.R. �1614.405(a)), if the party demonstrates that:

the appellate decision involved a clearly erroneous interpretation of

material fact or law; or

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 complainant's request for reconsideration,

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

that complainant's 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.

The decision in EEOC Appeal No. 01A00930 remains the Commission's

final decision. There is no further right of administrative appeal on

the decision of the Commission on this request for reconsideration.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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

August 25, 2000

__________________

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.