05A30127
01-21-2003
Krupakar Revanna, Complainant, v. Hector V. Barreto, Administrator, Small Business Administration, Agency.
Krupakar Revanna v. Small Business Administration
05A30127
January 21, 2003
.
Krupakar Revanna,
Complainant,
v.
Hector V. Barreto,
Administrator,
Small Business Administration,
Agency.
Request No. 05A30127
Appeal No. 01A03322
Agency No. 7-96-588
Hearing No. 100-97-7891X
DENIAL OF REQUEST FOR RECONSIDERATION
The Small Business Administration (agency) timely initiated a request
to the Equal Employment Opportunity Commission (EEOC or Commission)
to reconsider the decision in Krupakar Revanna v. Small Business
Administration, EEOC Appeal No. 01A03322 (September 16, 2002). Complainant
alleged that he was discriminated against on the bases of race (Indian Sub
Continent Asian), national origin (Indian), sex (male), and in reprisal
for prior EEO activity when he was demoted and subsequently constructively
discharged, in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq.
Noting that the Administrative Judge erred in concluding that there was
no genuine issue of material fact regarding complainant's demotion, our
previous decision remanded the complaint for a hearing. In its request
for reconsideration, the agency argues that the Administrative Judge had
a sufficiently �significant� record upon which to make a decision. As we
have previously explained, it is appropriate for an Administrative Judge
to issue a decision without a hearing where there is no genuine issue of
material fact. 29 C.F.R. � 1614.109(g). Here, the believability of the
agency's non-discriminatory explanation for discharging complainant i.e.,
his poor performance during his probationary period, is in question.
Whether the agency discriminated against complainant when it fired him,
or, alternatively, whether the agency legitimately discharged complainant
for poor performance, remains a disputed issue of material fact which
requires credibility determinations as discussed by our previous decision.
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).
After a review of the agency'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. 01A03322 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.
ORDER
The agency shall submit to the Hearings Unit of the Washington District
Office the request for a hearing and a copy of the complaint file within
fifteen (15) calendar days of the date this decision becomes final.
The agency shall provide written notification to the Compliance Officer at
the address set forth below that the complaint file has been transmitted
to the Hearings Unit. Thereafter, the Administrative Judge shall issue a
decision on the complaint in accordance with 29 C.F.R. � 1614.109 and the
agency shall issue a final action in accordance with 29 C.F.R. � 1614.110.
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
January 21, 2003
__________________
Date