Darryll Stone, Complainant,v.Alphonso Jackson, Acting Secretary, Department of Housing and Urban Development, Agency.

Equal Employment Opportunity CommissionJan 14, 2005
05a50263 (E.E.O.C. Jan. 14, 2005)

05a50263

01-14-2005

Darryll Stone, Complainant, v. Alphonso Jackson, Acting Secretary, Department of Housing and Urban Development, Agency.


Darryll Stone v. Department of Housing and Urban Development

05A50263

1/14/05

.

Darryll Stone,

Complainant,

v.

Alphonso Jackson,

Acting Secretary,

Department of Housing and Urban Development,

Agency.

Request No. 05A50263

Appeal No. 01A43760

Agency No. FH0206

Hearing No. 100-2003-08099X

DENIAL

Darryll Stone (complainant) timely requested reconsideration of the

decision in Darryll Stone v. Department of Housing and Urban Development,

EEOC Appeal No. 01A43760 (October 28, 2004). 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).

Complainant filed a formal complaint alleging discrimination on the

basis of age (D.O.B. 7/18/46), and reprisal (prior EEO activity) when:

(1) he was not selected for the position of GS-15, Director, Systems

and Technology; and (2) he was not selected for the position of GS-15,

Director, Systems and Technology after the initial selectee declined the

position. After the investigation, complainant requested a hearing before

an EEOC Administrative Judge (AJ). Finding no dispute of material fact,

the AJ issued a decision finding no discrimination. Complainant appealed

the agency's final action, and we affirmed.

In his request, complainant contends that there are credibility disputes

which need to be resolved at a hearing. Specifically, he argues that

the evidence reveals that the ranking and selecting officials were not

truthful when they stated that they had read complainant's affidavit

prior to his interview. 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. Complainant failed to establish

that the prior decision involved a clearly erroneous interpretation of

material law or fact. The dispute complainant raises is not material.

Furthermore, the preponderance of the evidence in the record establishes

no dispute of material fact as to the agency's reasons for its actions.

The decision in EEOC Appeal No. 01A43760 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 (P0900)

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 (Z1199)

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

1/14/05

Date