05A20242
03-21-2002
Juan P. Guerra Jr., Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Juan P. Guerra Jr. v. Department of the Treasury
05A20242
March 21, 2002
.
Juan P. Guerra Jr.,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A20242
Appeal No. 01992303
Agency No. TD 97-2090
Hearing No. 360-97-8315X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Juan
P. Guerra Jr. v. Department of the Treasury, EEOC Appeal No. 01992303
(August 7, 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 alleged he was discriminated
against on the bases of national origin (Hispanic) and age (DOB
8/29/46) when he was not selected for the position of Supervisory
Customs Inspector, GS-13, in the Customs Service, duty station Laredo,
Texas. In requesting reconsideration, complainant argues that his
EEO cases were improperly consolidated. We point out that EEOC Appeal
No. 01992303 dealt solely with agency case no. TD 97-2090. The second
(TD 97-2037), third (no number given) and fourth (no number given)
cases cited by complainant in his request for reconsideration where
never before this Commission on appeal, and are not now. Further,
the EEOC Administrative Judge who adjudicated complainant's complaint
(TD 97-2090) did not address those other complaints in her decision.
Thus, complainant's argument of improper consolidation is misplaced.
Therefore, after a review of complainant's request for reconsideration
as to TD 97-2090, 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. 01992303
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
March 21, 2002
__________________
Date