05990546
04-24-2001
James B. Downey, Complainant, v. William A. Halter, Acting Commissioner, Social Security Administration, Agency.
James B. Downey v. Social Security Administration
05990546
April 24, 2001
.
James B. Downey,
Complainant,
v.
William A. Halter,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 05990546
Appeal No. 01986810
Agency No. 98-0588 SSA
DENIAL OF REQUEST FOR RECONSIDERATION
On March 29, 1999, complainant initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in James B. Downey v. Social Security Administration, EEOC
Appeal No. 01986810 (March 2, 1999). 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).
Complainant filed an EEO complaint claiming that he was discriminated
against based on race and sex. Specifically, complainant claimed that
he was subjected to intimidation when he was named as a responsible
management official in a discrimination complaint. He was accused of
staring at one of his subordinate female workers for an inordinate amount
of time. On August 13, 1998, the agency issued a decision dismissing
the complaint for failure to state a claim. The agency reasoned that
complainant failed to show how the staring accusation affected a term,
condition or privilege of his employment. In addition, the agency noted
that there was no record of any adverse actions taken against complainant
as a result of the alleged event. The Commission's previous decision
affirmed the agency's decision to dismiss the complaint for failure to
state a claim.
In his Request to Reconsider, complainant argues that for the first
time in years he has not received a monetary award for his performance.
Further, he contends that his case is an exceptional one because it
involves a manager as the victim of discrimination rather than an
employee.
After a review of 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. The filing of an EEO
complaint by another individual does not constitute an injury to a term,
condition, or privilege of complainant's employment. The processing of
a complaint by an employee, wherein the employee challenges the filing
of an EEO complaint by a coworker or other agency employee, would have a
chilling effect on the filing of EEO complaints by aggrieved persons. See
Blinco v. Department of the Treasury, EEOC Request No. 05940194 (May 26,
1994). The decision in EEOC Appeal No. 01986810 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
April 24, 2001
__________________
Date