01a05804
03-23-2001
Lloyd M. Brown, Complainant, v. Thurman M. Davis, Sr., Acting Administrator, General Services Administration, Agency.
Lloyd M. Brown v. General Services Administration
01A05804
03-23-01
.
Lloyd M. Brown,
Complainant,
v.
Thurman M. Davis, Sr.,
Acting Administrator,
General Services Administration,
Agency.
Appeal No. 01A05804
Agency No. GSAR 02980001
Hearing No. 160-98-8673X
DECISION
On August 28, 2000, Lloyd M. Brown (hereinafter referred to as
complainant) filed a timely appeal from the July 26, 2000, final action
of the General Services Administration (hereinafter referred to as the
agency) concerning his complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. � 2000e et seq., and the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. � 621 et seq. The appeal is timely
filed (see 29 C.F.R. � 1614.402(a)) and is accepted in accordance with
29 C.F.R. � 1614.405. For the reasons that follow, the agency's final
action is AFFIRMED.
The issue presented in this appeal is whether the complainant has proven,
by a preponderance of the evidence, that the agency discriminated against
him on the bases of race (black), sex, and age (DOB 8-3-53) when he was
not selected for the position of Contract Specialist (Leader) in October
1997.
Following an investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). On June 30, 2000, the AJ issued a
decision without a hearing finding no discrimination. The agency agreed
with the AJ, and complainant has filed this appeal.
Complainant worked as a Contract Specialist, GS-12, in the Federal Supply
Service. He applied for the position but was not selected in favor of a
male, white, under 40. The AJ found that complainant established a prima
facie case and that the agency articulated legitimate, nondiscriminatory
reasons for its selection, i.e., the selectee had supervisory experience,
had served successfully as acting team leader, was active in a related
national association, and had experience in training and that complainant,
while qualified, did not demonstrate previous supervisory experience, or
leadership and training skills. With regard to complainant's contentions
that he had the educational background and experience to meet the
position's qualifications, the AJ found complainant did not demonstrate
that he was the superior candidate such that he demonstrated pretext.
In his appeal statement,<1> complainant argued that he was denied a
hearing and that some facts are in dispute, e.g., he asserted that the
selectee did not have supervisory experience, training experience, or
the educational requirements for the position. These statements are made
without any supporting evidence, are contrary to complainant's previous
statements in his opposition to summary judgment, and are belied by the
record before us. Accordingly, it is the decision of the Commission to
AFFIRM the agency's final action in this matter.<2>
CONCLUSION
Accordingly, the agency's final action was proper and is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the office of federal operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
___03-23-01_______________
Date
1Complainant's theory that the agency and the Commission have conspired
to address EEO complaints as summary judgments and for which he has made
requests for information pursuant to the Freedom of Information Act are
not relevant to the instant matter. Also, complainant misapprehends
the EEO processes when he contends that the AJ is the moving party
and awarded himself a summary judgment. The Commission's regulations
describe the hearing process at 29 C.F.R. � 1614.109 and in Management
Directive 110. These documents are available on the Commission's website
at www.eeoc.gov.
2After review of the record, the Commission also finds that the AJ's
issuance of a decision without a hearing was appropriate.