Rose M. Dorroh, Complainant,v.William S. Cohen, Secretary, Department of Defense, (Defense Commissary Agency), Agency.

Equal Employment Opportunity CommissionNov 29, 2000
05980055 (E.E.O.C. Nov. 29, 2000)

05980055

11-29-2000

Rose M. Dorroh, Complainant, v. William S. Cohen, Secretary, Department of Defense, (Defense Commissary Agency), Agency.


Rose M. Dorroh v. Department of Defense (Defense Commissary Agency)

05980055

November 29, 2000

.

Rose M. Dorroh,

Complainant,

v.

William S. Cohen,

Secretary,

Department of Defense,

(Defense Commissary Agency),

Agency.

Request No. 05980055

Request No. 05950604

Appeal No. 01942472

Agency Nos. KHOF 92-518

KHOF 93-030

KHOF 93-092

Hearing Nos. 360-93-8233X

360-93-8235X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

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

M. Dorroh v. Department of Defense (Defense Commissary Agency), EEOC

Request No. 05950604<1> (October 2, 1997). 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).<2>

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. The decision

in EEOC Request No. 05950604 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

November 29, 2000

__________________

Date

1In Dorroh v. Department of the Defense (Defense Commissary Agency),

EEOC Appeal No. 01942472 (April 20, 1995), the Commission determined that

the agency failed to provide the full investigation record and vacated

the agency's final decision and directed the agency to initiate new

investigations of complainant's complaint. The agency filed a request

for reconsideration submitting the missing files. In Dorroh v. Department

of the Defense (Defense Commissary Agency), EEOC Request No. 05950604, we

for the first time addressed the merits of this matter and, accordingly,

complainant was provided with the right to request reconsideration on

the merits of the previous decision, only.

2On 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.