0520120456
10-18-2012
James B. Sirene, Complainant, v. Dr. Rebecca Blank, Acting Secretary, Department of Commerce (Bureau of the Census), Agency.
James B. Sirene,
Complainant,
v.
Dr. Rebecca Blank,
Acting Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520120456
Appeal No. 0120120137
Agency No. 10-63-02667D
DENIAL
Complainant requested reconsideration of the decision in James B. Sirene v. Department of Commerce, EEOC Appeal No. 0120120137 (January 27, 2012).1 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).
The previous decision affirmed the Agency's decision finding that Complainant had not shown that he had been discriminated against on the basis of disability when his temporary appointment as an Enumerator was ended. The previous decision concluded that, assuming Complainant had established a prima facie case of disability discrimination, the Agency had articulated legitimate, nondiscriminatory reasons for terminating Complainant's appointment. It found that Complainant had not shown these reasons to be pretext for discrimination.
In his request for reconsideration, Complainant argued that the Agency's reasons for his dismissal were inconsistent, and thus should not have been given credence. The Agency did not submit a statement in opposition to Complainant's request for reconsideration.
We find that Complainant has not shown that the previous decision involved a clearly erroneous interpretation of material fact or law. Complainant did not deny that the event which prompted his supervisor to recommend his termination occurred as described in the record. We find that he has not presented any evidence which demonstrates that the Agency's actions were motivated by Complainant's disability, or which demonstrates discriminatory intent.
We remind Complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
After reviewing 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. 0120120137 remains the Commission's 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 (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
October 18, 2012
Date
1 Complainant submitted his request for reconsideration on May 1, 2012, stating that he had received the initial decision on April 23, 2012. We deem his requests to be timely.
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0520120456
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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