Susan J. Yake, Complainant,v.Richard J. Danzig, Secretary, Department of the Navy, Agency.

Equal Employment Opportunity CommissionAug 25, 2000
05980335 (E.E.O.C. Aug. 25, 2000)

05980335

08-25-2000

Susan J. Yake, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.


Susan J. Yake v. Department of the Navy

05980335, 05980550

August 25, 2000

.

Susan J. Yake,

Complainant,

v.

Richard J. Danzig,

Secretary,

Department of the Navy,

Agency.

Request Nos. 05980335, 05980550

Appeal Nos. 01951770, 01961045

Agency Nos. DON-93-68095-002, DON-95-68095-002

Hearing Nos. 380-94-8104X, 380-95-8075X

DENIAL OF REQUESTS FOR RECONSIDERATION

The complainant initiated requests to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decisions in Susan

J. Yake v. Department of the Navy, EEOC Appeal No. 01951770 (January

5, 1998), and Susan J. Yake v. Department of the Navy, EEOC Appeal

No. 01961045 (February 20, 1998).<1> 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 64

Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred

to as 29 C.F.R. � 1614.405(b)).<2>

After a review of the complainant's requests for reconsideration,

the previous decisions, and the entire records, the Commission finds

that complainant's requests fail to meet the criteria of 29 C.F.R. �

1614.405(b), and it is the decision of the Commission to DENY the

requests. The decisions in EEOC Appeal Nos. 01951770 and 01961045

remain the Commission's final decisions. There is no further right of

administrative appeal on the decision of the Commission on these requests

for reconsideration.

COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)

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:

______________________________

Frances M. Hart

Executive Officer

Executive Secretariat

August 25, 2000

__________________

Date

1In the interests of judicial economy, the requests are consolidated

herein.

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 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.