John R. Hodge, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.

Equal Employment Opportunity CommissionMar 19, 2003
05A30456 (E.E.O.C. Mar. 19, 2003)

05A30456

03-19-2003

John R. Hodge, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.


John R. Hodge v. Department of Defense (Defense Logistics Agency)

05A30456

03-19-03

.

John R. Hodge,

Complainant,

v.

Donald H. Rumsfeld,

Secretary,

Department of Defense,

(Defense Logistics Agency),

Agency.

Request No. 05A30456

Appeal No. 01A20558

Agency No. JQ-01-008

DENIAL OF REQUEST FOR RECONSIDERATION

John R. Hodge (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider the

decision in John R. Hodge v. Department of Defense (Defense Logistics

Agency), EEOC Appeal No. 01A20558 (January 16, 2003). 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 the agency discriminated

against him on the bases of race (Black American), color (Black), religion

(Baptist), sex (male) and age (D.O.B. 2/11/1952) when, on September 27,

2000, a coworker threatened him and complainant's first-line supervisor

did not take action against the coworker. The complaint was accepted

for investigation. When the complainant did not request a hearing before

an EEOC Administrative Judge, the agency issued a final decision on

the record.

In its September 26, 2001, decision, the agency found that complainant

had not established prima facie cases of race, color, sex, religion or

age discrimination because similarly situated individuals not in his

protected groups were treated like complainant was. Assuming complainant

had established his prima facie cases, the agency gave legitimate,

nondiscriminatory reasons for its action. The record revealed that

complainant and a coworker had a conflict at the workplace, after which

complainant called the Military Police when his first level supervisor did

not immediately do so. After an investigation by the Military Police,

the coworker received a Letter of Reprimand, and complainant and his

supervisor each received Letters of Caution. The agency concluded

that complainant had not shown that the agency's reasons were pretext

for discrimination, and concluded that he had not been discriminated

against. The previous decision affirmed the agency's final decision.

In his request for reconsideration complainant did not put forth any

arguments to show that the previous decision contained an erroneous

interpretation of material fact or law.

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 decision in EEOC

Appeal No. 01A20558 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

____03-19-03______________

Date