05980283
03-04-1999
Thomas E. Ballard, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury, Agency.
Thomas E. Ballard v. Department of the Treasury
05980283
March 4, 1999
Thomas E. Ballard, )
Appellant, )
)
v. ) Request No. 05980283
) Appeal No. 01956817
) Agency No. 94-2290
Robert E. Rubin, )
Secretary, )
Department of the Treasury, )
Agency. )
)
DECISION ON REQUEST TO RECONSIDER
On January 23, 1998, Thomas E. Ballard (appellant) initiated a request to
the Equal Employment Opportunity Commission (Commission) to reconsider
the decision in Thomas E. Ballard v. Department of the Treasury, EEOC
Appeal No. 01956817 (January 5, 1998). Commission Regulations provide
that the Commissioners may, in their discretion, reconsider any previous
decision, pursuant to 29 C.F.R. �1614.407(a).
On February 3, 1999, the Commission received from the agency a copy
of civil action complaint no. 4:98CV02040TCM filed by appellant in
the United States District Court for the Eastern District of Missouri
on December 8, 1998. The civil action is based on, inter alia, the
allegations in the complaint which are the subject of the Request to
Reconsider herein. Accordingly, the processing of appellant's complaint
is terminated pursuant to 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Mar 4, 1999
DATE Frances M. Hart
Executive Officer
Executive Secretariat