0520110641
02-07-2012
Carl R. Benavidez, Complainant, v. Ray Mabus, Secretary, Department of the Navy, Agency.
Carl R. Benavidez,
Complainant,
v.
Ray Mabus,
Secretary,
Department of the Navy,
Agency.
Request No. 0520110641
Appeal Nos. 0120111984 and 0120110811
Agency No. 11-00242-00184
DENIAL
Complainant timely requested reconsideration of the decision in Carl
R. Benavidez v. Department of the Navy, EEOC Appeal Nos. 0120111984
and 0120110811 (July 19, 2011). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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).
In our previous decision, the Commission found that Complainant’s
October 2010 claim that the Agency failed to comply with the terms of a
December 13, 1982, settlement agreement was properly dismissed because
Complainant did not pursue this matter with due diligence. The Commission
further noted that Complainant pursued the same matters before the Merit
Systems Protection Board (MSPB) and a U.S. District Court.
In his request for reconsideration, Complainant contends that he
“completely forgot about his settlement with the Agency” until
October 13, 2010, “because of all the mental and emotional strain
Complainant suffered during the processing of his Federal Workers’
Compensation application.”
We have consistently held, in cases involving physical or mental health
difficulties, that an extension is warranted only where an individual is
so incapacitated by his condition that he is unable to meet the regulatory
time limits. See Davis v. U.S. Postal Serv., EEOC Request No. 05980475
(Aug. 6, 1998); Crear v. U.S. Postal Serv., EEOC Request No. 05920700
(Oct. 29, 1992). In this case, Complainant has not provided any evidence
that reflects that he was so incapacitated that he could not raise his
settlement breach claim until nearly 28 years after the execution of the
settlement agreement. Therefore, as determined in our previous decision,
Complainant’s breach claim is barred by the doctrine of laches.
After reviewing 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 Nos. 0120111984 and 0120110811
remains the Commission's decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610)
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 (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
February 7, 2012
Date
2
0520110641
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013