Samuel D. Baker, Complainant,v.John Ashcroft, Attorney General, Department of Justice, (Drug Enforcement Administration), Agency.

Equal Employment Opportunity CommissionSep 29, 2004
05A41257 (E.E.O.C. Sep. 29, 2004)

05A41257

09-29-2004

Samuel D. Baker, Complainant, v. John Ashcroft, Attorney General, Department of Justice, (Drug Enforcement Administration), Agency.


Samuel D. Baker v. Department of Justice

05A41257

September 29, 2004

.

Samuel D. Baker,

Complainant,

v.

John Ashcroft,

Attorney General,

Department of Justice,

(Drug Enforcement Administration),

Agency.

Request No. 05A41257

Appeal No. 01A42127

Agency No. D-99-3542

Hearing No. 100-A3-7157X

DENIAL OF REQUEST FOR RECONSIDERATION

The Department of Justice (agency) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Samuel D. Baker v. Department of Justice, EEOC Appeal

No. 01A42127 (August 11, 2004). 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). However, we remind the agency that a "request

for reconsideration is not a second appeal to the Commission." Equal

Employment Opportunity Management Directive for 29 C.F.R. Part 1614

(rev. Nov. 9, 1999), at 9-17.

After a review of the agency'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

Appeal No. 01A42127 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.

ORDER

The agency shall submit to the Hearings Unit of the Washington Field

Office a copy of the complainant file and copy of this decision within

fifteen (15) calendar days of the date this decision becomes final.

The agency shall provide written notification to the Compliance Officer

at the address set forth below that the complainant file has been

transmitted to the Hearings Unit. Thereafter, the Administrative Judge

shall issue a decision on the complainant in accordance with 29 C.F.R

� 1614.109 and the agency shall issue a final action in accordance with

29 C.F.R. �1614.110.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

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

September 29, 2004

__________________

Date