0520070325
03-27-2007
Robert E. Lee, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Information Systems Agency), Agency.
Robert E. Lee,
Complainant,
v.
Robert M. Gates,
Secretary,
Department of Defense,
(Defense Information Systems Agency),
Agency.
Request No. 0520070325
Appeal No. 0120063767
Hearing No. 100-2005-00261X
Agency No. DOD-DISA-HQ-04-004
DENIAL
Complainant timely requested reconsideration of the decision in Robert
E. Lee v. Department of Defense, EEOC Appeal No. 0120063767 (February
9, 2007). 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).
In his argument on reconsideration, in support of his claim that the
previous decision contained erroneous interpretations of material fact,
complainant points to many instances where he claims that the agency has
violated the regulations governing the granting of security clearances.
We note that at no time does he attempt to show that the agency's
decision was discriminatory under the laws and regulations over which
the Commission has jurisdiction. We note that any violations of the
Department of Defense regulations on security clearances should be
addressed through the DOD security clearance process, which is, of course,
separate from the federal sector EEO system.
After reconsidering 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. 0120063767 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
3-27-07
__________________
Date
2
0520070325
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520070325