05A60642
05-31-2006
Nassar Almutairi, Complainant, v. Kenneth Y. Tomlinson, Chairman, Broadcasting Board of Governors, Seth Cropsey, Chairman, International Broadcasting Bureau, Agency.
Nassar Almutairi,
Complainant,
v.
Kenneth Y. Tomlinson,
Chairman,
Broadcasting Board of Governors,
Seth Cropsey,
Chairman,
International Broadcasting Bureau,
Agency.
Request No. 05A60642
Appeal No. 01A55500
Agency No. OCR0412
DENIAL
Complainant timely requested reconsideration of the decision in Nassar
Almutairi v. International Broadcasting Bureau, EEOC Appeal No. 01A55500
(April 27, 2006). EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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) (2004).
In our previous decision, we affirmed the agency's final decision because
complainant had not met his burden of proving by a preponderance of
the evidence that the agency's proffered reason for not selecting him
to the position advertised under Vacancy Announcement No. M/P-04-22 was
a pretext for discrimination. Now, in his request for reconsideration,
complainant does not discuss our prior decision at all or argue that it is
somehow defective. Instead, he takes issue with the responding management
official's statements in the Report of Investigation, and restates
arguments that he made or should have made on appeal. In addition, he
raises additional facts that he claims supports his claim. In essence,
his request is actually a request for a second appeal. However, as we
have consistently held, a "request for reconsideration is not a second
appeal to the Commission." Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614, at 9-17 (rev. Nov. 9, 1999).
Upon review of our prior decision and complainant's arguments, we find
it appropriate to deny the request as it fails to meet in 29 C.F.R. �
1614.405(b). We conclude based on the evidence before us that our
interpretation of the material facts and law of this case are not clearly
in error, and we do not find that our previous decision overlooked any
material evidence. Thus, we continue to stand behind that decision
and find that the arguments complainant presents in his request fail
to give us reason to reconsider the decision. As such, the decision
in EEOC Appeal No. 01A55500 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
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
May 31, 2006
__________________
Date
3
05A60642
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036