0520080307
05-30-2008
Barry A. Ormond, Complainant, v. Michael B. Mukasey, Attorney General, Department of Justice, Agency.
Barry A. Ormond,
Complainant,
v.
Michael B. Mukasey,
Attorney General,
Department of Justice,
Agency.
Request No. 0520080307
Appeal No. 0120062964
Hearing No. 120-2004-00343X
Agency No. P20030266
DENIAL
Complainant timely requested reconsideration of the decision in Barry
A. Ormond v. Department of Justice (Federal Prisons), EEOC Appeal
No. 0120062964 (February 11, 2008). 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 his underlying complaint, complainant alleged that the agency subjected
him to unlawful discrimination, in violation of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq., on the bases of his race (African-American), age, and in
reprisal for prior protected EEO activity when: (1) he was subjected to
harassment and threats of workplace violence; and (2) his supervisor
initially denied him thirty minutes of compensatory time for June 4,
2003. The Administrative Judge (AJ) assigned to the case found that,
after viewing the evidence in a light most favorable to complainant,
a decision without a hearing was appropriate as there were no genuine
issues of material fact in dispute. The AJ concluded that complainant
failed to show that he was subjected to discrimination as alleged, and
the agency's final order adopted the AJ's finding of no discrimination.
On appeal, the Commission affirmed the agency's final order.
In his request for reconsideration, complainant contends that the
Commission should reconsider his case based upon new evidence that
was not available at the time that complainant submitted his appeal.
We find, however, that after reconsidering the previous decision and
the entire record, including this new evidence, 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. 0120062964 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
May 30, 2008
__________________
Date
2
0520080307
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520080307