05970752
03-18-1999
Quentin Federman, Appellant, D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Quentin Federman, )
Appellant, )
) Request No. 05970752 v. ) Appeal No. 01953187
) Agency No. 93-3160 Togo
D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
The appellant initiated a request to the Equal Employment Opportunity
Commission (Commission) to reconsider the decision in Federman
v. Department of Veterans Affairs, EEOC Appeal No. 01953187 (March
27, 1997). EEOC regulations applicable to this case provide that the
Commission may, in its discretion, reconsider any previous decision.
29 C.F.R. �1614.407(a).
By regulation, requests for reconsideration must be filed within 30
calendar days after the appellant receives our previous decision.
29 C.F.R. �1614.407(b). A document shall be deemed timely if it is
delivered in person or postmarked before the expiration of the applicable
filing period, or in the absence of a legible postmark, it is received by
mail within five days of the expiration of the applicable filing period.
29 C.F.R. �1614.604(b).
A United States Post Office domestic return receipt indicates that our
previous decision was received at the appellant's address on April 2,
1997. The appellant's request for reconsideration is postmarked May
5, 1997. The previous decision informed the appellant of his right to
request reconsideration, the regulatory time limit to do so, and the
EEOC address where the request should be sent. The appellant's request
for reconsideration is untimely since it was filed beyond the 30 day
filing period. Via his request for reconsideration, the appellant
indicated that a computer problem caused the loss of his copy of his
appeal brief. The computer problem cited by the appellant does not
constitute adequate justification for the appellant filing his initial
request for reconsideration late. 29 C.F.R. �1614.604(c).<1>
Accordingly, the appellant's request for reconsideration is untimely
and is DENIED. The Commission's decision in EEOC Appeal No. 01953187
remains the Commission's final decision in this matter.
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:
March 18, 1999
Date
Frances
M.
Hart
Executive Officer
Executive Secretariat1Despite
requesting and being granted
an extension of time "to submit
a statement in support" of his
request, the appellant did not submit
any additional evidence or argument.
See generally, Koudounas v. Department
of the Army, EEOC Request No. 05950954
(February 1, 1995).