Domenick Ferrante v. Department of the Navy 05A10075 January 31, 2001 . Domenick Ferrante, Complainant, v. Robert B. Pirie, Jr., Acting Secretary, Department of the Navy, Agency. Request No. 05A10075 Appeal No. 01A02596 Agency No. 0000167005 DENIAL OF REQUEST FOR RECONSIDERATION The agency initiated a request to the Equal Employment Opportunity Commission (EEOC or Commission) to reconsider the decision in Domenick Ferrante v. Department of the Navy, EEOC Appeal No. 01A02596 (September 26, 2000). 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 29 C.F.R. § 1614.405(b). After a review of the agency'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. 01A02596 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. ORDER The agency is ORDERED to take the following actions: Within 15 calendar days from the date this decision becomes final, the agency must complete a supplemental investigation determining the date(s) on which complainant was denied reassignment(s), when he became aware of the denial(s), and when he suspected that the denials were discriminatory. Thereafter, the agency shall make a new determination regarding the timeliness of claim one. Within thirty (30) calendar days of the date this decision becomes final, the agency shall notify complainant whether claim one is accepted for investigation. Also within thirty (30) calendar days, the agency shall acknowledge to complainant that it has received the remanded claim two for further processing. If claim one is accepted for further processing, it shall be processed in conjunction with claim two in accordance with 29 C.F.R. § 1614.108. A copy of the notice regarding the processing of claim one and a copy of the agency's letter of acknowledgment to complaint regarding claim two must be sent to the Compliance Officer as referenced below. IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900) 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 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 29 C.F.R. § 1614.409. COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900) 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: ______________________________ Carlton M. Hadden, Director Office of Federal Operations January 31, 2001 __________________ Date