05980382_r
05-22-2000
William R. Harris, Complainant, Donna E. Shalala, Secretary, Department of Health and Human Services, Agency.
William R. Harris, )
Complainant, ) Request No. 05980382
) Appeal No. 01965967
) Agency No. IHS-060-96
)
Donna E. Shalala, )
Secretary, )
Department of Health and Human )
Services, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On February 27, 1998, the agency filed a request to the Equal Employment
Opportunity Commission to reconsider the decision in Harris v. Department
of Health and Human Services, EEOC Appeal No. 01965967 (January 14,
1998).<1> A Domestic Return Receipt shows that the agency received a copy
of the decision on January 22, 1998. A party may request reconsideration
within thirty days of receipt of a decision by the Commission.
See 64 Fed. Reg. 37,644, 37659 (1999) (to be codified as 29 C.F.R. �
1614.405(b)). The agency's request for reconsideration was filed beyond
the thirty-day time limit. The previous decision informed the agency of
its right to request reconsideration, the regulatory time limit to do so,
and the EEOC address where the request should be sent. The agency failed
to submit any justification for extending the filing period beyond thirty
days. Accordingly, the agency's request for reconsideration is denied.
The decision of the Commission in EEOC Appeal No. 01965967 remains the
Commission's final decision. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
ORDER
The agency shall supplement the record with evidence (e.g., a certified
return receipt) showing when complainant received the notice of the
right to file a complaint. The agency shall also provide a statement
in the record from the appropriate EEO official explaining whether the
December 11 and 13, 1996 complaints were ever filed with the agency.
If the agency determines that the December 11 and/or 13, 1996 complaints
were filed with the agency, then the agency shall provide evidence showing
when the complaints were filed and whether the complaints correspond with
the notice of right to file a complaint at issue in the instant matter.
The agency shall thereafter determine whether complainant timely filed
his complaint. Within 60 days of the date this decision becomes final the
agency shall either issue a letter to complainant accepting his complaint
for investigation or issue a new decision dismissing the complaint.
A copy of the agency's letter to complainant accepting the complaint
or a copy of the new decision must be sent to the Compliance Officer as
referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K1199)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. �1614.503(a). The complainant also has
the right to file a civil action to enforce compliance with the
Commission's order prior to or following an administrative petition
for enforcement. See 64 Fed. Reg. 37,644, 37,659-60 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. ��1614.407, 1614.408),
and 29 C.F.R. �1614.503(g). Alternatively, the complainant has the
right to file a civil action on the underlying complaint in accordance
with the paragraph below entitled "Right to File A Civil Action."
29 C.F.R. ��1614.407 and 1614.408. A civil action for enforcement or
a civil action on the underlying complaint is subject to the deadline
stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the complainant
files a civil action, the administrative processing of the complaint,
including any petition for enforcement, will be terminated. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. �1614.409).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (R0400)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court WITHIN NINETY (90) CALENDAR DAYS from the date
that you receive this decision. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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:
May 22, 2000
Date
Carlton
M.
Hadden,
Acting
Director
Office of Federal Operations
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.