05A20027
01-23-2002
Frederick Smith, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Frederick Smith v. Department of the Navy
05A20027
January 23, 2002
.
Frederick Smith,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A20027
Appeal No. 01992455
Agency No. 9600210004
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in
Frederick Smith v. Department of the Navy, EEOC Appeal No. 01992455
(August 28, 2001). EEOC Regulations provide that the Commission may,
in its discretion, 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 the underlying complaint, complainant contended that he was
discriminated against on the bases of race (Black) and reprisal
(prior EEO activity under Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29
U.S.C. � 791 et seq.) when he was harassed and subjected to a hostile
work environment which caused him to involuntarily retire on November
1, 1995. Specifically, complainant contended that his supervisor (S1)
created intolerable work conditions that ultimately resulted in his
retirement. The final agency decision (FAD) found no discrimination and
our prior appellate decision affirmed this finding. In his request for
reconsideration, complainant raises several new contentions, including:
a safety inspection that he performed was criticized by S1, the use of
a racial slur by a co-worker, and the agency's offer of a cash settlement.
After a review of the complainant's request for reconsideration, 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. In reaching this
conclusion, we note that complainant fails to demonstrate that our prior
decision involved a clearly erroneous interpretation of material fact
or law, or will have a substantial impact on the policies, practices
or operations of the Commission. Instead, complainant presents new
evidence to support his claims. The Commission has consistently declined
to consider new evidence where it is being presented for the first time
in a request for reconsideration. Based on the foregoing, the decision
in EEOC Appeal No. 01992455 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
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
January 23, 2002
__________________
Date