) Request No. 05990646

Equal Employment Opportunity CommissionApr 14, 2000
05990646 (E.E.O.C. Apr. 14, 2000)

05990646

04-14-2000

) Request No. 05990646


Harvey H. Ware v. Department of the Air Force

05990646

April 14, 2000

Harvey H. Ware )

Appellant )

)

) Request No. 05990646

) Appeal No. 01981513

) Agency No. 5Z1S97008

F. Whitten Peters, )

Acting Secretary, )

Department of the Air Force, )

Agency. )

____________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 22, 1999, Harvey H. Ware filed a request to the Equal Employment

Opportunity Commission for reconsideration of the decision in Harvey H.

Ware v. Department of the Air Force, EEOC Appeal No. 01981513 (March

29,1999). Under EEOC Regulations, the Commissioners may, in their

discretion, reconsider any previous decision. 64 Fed. Reg. 37659,

July 12, 1999 (to be codified at 29 C.F.R. �1614.405(b)).<1>

The party requesting reconsideration must submit written argument

or evidence which tends to establish one or more of the following two

criteria: (1) the appellate decision involved an erroneous interpretation

of material fact, or law or (2) the decision will have a substantial

impact on the policies, practices or operations of the agency. Id.

After a review of appellant's request for reconsideration, the appellate

decision, and the entire record, the Commission finds that appellant's

request does not meet the criteria of the regulations. Accordingly,

appellant's request is denied.

The decision in EEOC Appeal No. 01981513 remains the Commission's final

decision in this matter. Consequently, there is no further right of

administrative appeal from this decision.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

4/14/00 ____________________________

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:

__________________________

Equal Employment Assistant

__________________________

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.