Talmitch L. Jackson, Complainant,v.Janet Reno, Attorney General, Department of Justice, Agency.

Equal Employment Opportunity CommissionApr 3, 2000
05980996 (E.E.O.C. Apr. 3, 2000)

05980996

04-03-2000

Talmitch L. Jackson, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.


Talmitch L. Jackson v. Department of Justice

05980996

April 3, 2000

.

Talmitch L. Jackson,

Complainant,

v.

Janet Reno,

Attorney General,

Department of Justice,

Agency.

Request No. 05980996

Appeal No. 01964924

Agency No. D933222

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

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

L. Jackson v. Department of Justice, EEOC Appeal No. 01964924 (June

18, 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)).

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

Appeal No. 01964924 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 (P1199)

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. It

is the position of the Commission that 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

April 3, 2000

__________________

Date

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

__________________

Date

______________________________

1On 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.