Radi R. Barkett, Complainant,v.Lawrence H. Summers, Secretary, Department of the Treasury Agency.

Equal Employment Opportunity CommissionNov 30, 2000
05a01034 (E.E.O.C. Nov. 30, 2000)

05a01034

11-30-2000

Radi R. Barkett, Complainant, v. Lawrence H. Summers, Secretary, Department of the Treasury Agency.


Radi R. Barkett v. Department of Treasury

05A01034

11-30-00

.

Radi R. Barkett,

Complainant,

v.

Lawrence H. Summers,

Secretary,

Department of the Treasury

Agency.

Request No. 05A01034

Appeal No. 01A03363

Agency No. 99-1203-M

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

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

R. Barkett v. Lawrence H. Summers, Secretary, Department of the Treasury,

EEOC Appeal No. 01A03363 (July 12, 2000).<1> 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 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.<2> The decision

in EEOC Appeal No. 01A03363 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.

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

__11-30-00________________

Date

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 29 C.F.R. Part 1614 in deciding the

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

Commission's website at www.eeoc.gov.

2 The previous decision concluded that the discriminatory event occurred

on September 1, 1998 and that complainant's counselor contact on January

2, 1999 was, therefore, untimely. We note, however, that since the

discrimination involved a nonselection, under EEOC Regulation 28 C.F.R. �

1614.105(a)(1), complainant should have contacted an EEO Counselor

within forty-five (45) days of the date that the nonselection became

effective on November 9, 1998, rather than within forty-five (45) days

of September 1, 1998, when he first became aware of the nonselection.

Even so, complainant did not contact an EEO Counselor until more than

forty-five (45) days after the effective date of the personnel action.

His counselor contact was still untimely; this error is, therefore,

harmless.