Krupakar Revanna, Complainant,v.Hector V. Barreto, Administrator, Small Business Administration, Agency.

Equal Employment Opportunity CommissionJan 21, 2003
05A30127 (E.E.O.C. Jan. 21, 2003)

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