Sheila L. Lay, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Finance and Accounting Service), Agency.

Equal Employment Opportunity CommissionApr 19, 2005
05a50601 (E.E.O.C. Apr. 19, 2005)

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