0520080479
06-05-2008
Larry D. Stephens, Complainant, v. Carlos M. Gutierrez, Secretary, Department of Commerce, Agency.
Larry D. Stephens,
Complainant,
v.
Carlos M. Gutierrez,
Secretary,
Department of Commerce,
Agency.
Request No. 0520080479
Appeal No. 0120064755
Hearing No. 100-2004-00671X
Agency No. 04-56-84
DENIAL
Complainant timely requested reconsideration of the decision in Larry
D. Stephens v. Department of Commerce, EEOC Appeal No. 0120064755
(April 3, 2008). In that complaint, complainant alleged that he was
discriminated against on the bases of race (Caucasian), sex (male), age
(54) and in reprisal for prior protected EEO activity when: (a) he was
not selected for the position of Supervisory Program Control Specialist,
GS-14 in August 2004; and (b) he was rated "commendable," instead of
the higher rating of "outstanding" for FY 05, in October 2005.1 An EEOC
Administrative Judge (AJ) issued a decision without a hearing finding
no discrimination. The agency fully implemented the AJ's finding. The
Commission also affirmed the finding of no discrimination.
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).
After reconsidering 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. 0120064755 remains the
Commission's final 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 (P0408)
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 (Z0408)
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
______06-05-08____________
Date
1 The AJ granted complainant's Motion to Amend his complaint to include
issue (b), but rejected his effort to add an issue with respect to
denial of official time, suggesting that complainant file a new Motion
on said matter. Complainant failed to do so. See AJ's Decision, p.2,
footnote 3.
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0520080479
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080479