05a50601
04-19-2005
Sheila L. Lay, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Finance and Accounting Service), Agency.
Sheila L. Lay v. Department of Defense
05A50601
April 19, 2005
.
Sheila L. Lay,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
(Defense Finance and Accounting Service),
Agency.
Request No. 05A50601
Appeal No. 01A41708
Agency No. DFASCL000001018
Hearing No. 220-A2-51594
DENIAL
Sheila L. Lay (complainant) timely requested reconsideration of
the decision in Sheila L. Lay v. Department of Defense, EEOC Appeal
No. 01A41708 (January 18, 2005). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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).
In her request for reconsideration, dated February 4, 2005, complainant
contends that the AJ and the Commission failed to consider her witness
testimony. Complainant does not, however, elaborate on that argument.
Additionally, complainant requests an extension of time to prepare the
rest of her statement in support of her request. On March 18, 2005,
the Commission received additional arguments and documentation from
complainant. The EEOC regulations do not, however, provide for any
additional period of time for filing a brief in support of a request
for reconsideration. All documentation and arguments must be submitted
concurrently with a reconsideration request. Accordingly, we decline
to consider the materials submitted by complainant, and received by the
Commission on March 18, 2005.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, after reconsidering 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. 01A41708 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
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:
April 19, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations