05a20542
06-14-2002
John E. Terenyi, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
John E. Terenyi v. Department of Transportation
05A20542
6/14/02
.
John E. Terenyi,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A20542
Appeal No. 01A05190
Agency No. 1-97-1098
DENIAL OF REQUEST FOR RECONSIDERATION
John E. Terenyi (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in John E. Terenyi v. Department of Transportation, EEOC
Appeal No. 01A05190 (February 13, 2002). 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).
On July 25, 1997, complainant filed a formal complaint alleging the
agency discriminated against him on the basis of religion (Baptist),
when it refused his request for a schedule change so that he could have
Sundays off in order to participate in religious services. After the
agency issued a final decision finding no discrimination, complainant
appealed. The prior decision found the agency offered complainant
several alternatives to his requested accommodation, but could not grant
him Sundays off. In light of the accommodations offered by the agency,
the prior decision found complainant had not shown the agency failed to
accommodate his religious beliefs.
In his request for reconsideration, complainant states that he is
presently in a position which allows him Sundays off from work. He states
he was granted a new schedule when a new union agreed to his request.
Complainant also states that increased staffing at his facility has
permitted him to have Sundays off from work. Complainant fears, however,
that this may change in the future.
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. Complainant admits
that the agency granted his desired accommodation. Complainant failed
to establish that the prior decision involved a clearly erroneous
interpretation of material law or fact. The decision in EEOC Appeal
No. 01A05190 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
6/14/02
Date