211. Memorandum From the Deputy Assistant Secretary of State for Equal Employment Opportunity (Burroughs) to the Deputy Under Secretary of State for Management (Read)1
- Sex Class Action Complaint #2 (Women FSO’s)
- My Memorandum of January 31, 19782
The Federal Employee Appeals Authority, Civil Service Commission has recommended that the Department cancel for failure to prosecute under the Administrative procedures, the Sex Class Action Complaint filed by Ms. JulieAnn McGrath. Attached is a copy of the Examiner’s Recommendation. (Tab A)3
The attorney for Ms. McGrath advised the CSC EEO Complaints Examiner that Complainant has elected to pursue her class complaint in Court and does not intend to continue prosecution pursuant to the Administrative process.
In accordance with regulations, Ms. McGrath has the right to pursue her complaint in Court inasmuch as 180 calendar days have passed since she filed her complaint. However, the exercise of such right does not terminate the Department’s responsibility to continue the Administrative process of her complaint. Therefore, pursuant to Federal Personnel Manual Section 713.604(g), the Department has the authority to cancel Ms. McGrath’s complaint for failure of prosecution.
Based on the above, I have prepared for your signature, as required by regulations, a letter cleared by L/M, issuing a Final Agency Decision. (Tab B)4