0520120544
01-18-2013
Alfonso G. Ramirez, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Alfonso G. Ramirez,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520120544
Appeal No. 0120102403
Hearing No. 540-2008-00151X
Agency No. 200P-0678-2008101090
DENIAL
Complainant timely requested reconsideration of the decision in Alfonso G. Ramirez v. Department of Veterans Affairs, EEOC Appeal No. 0120102403 (July 2, 2012). 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 our previous decision, we affirmed the decision of the Administrative Judge (AJ), finding that it was supported by substantial evidence in the record. We noted that the Recommending Official (RO) and a Panelist (P1) did not recommend Complainant for the position because Complainant provided brief answers to interview questions that were not very detailed. We noted that the selectee seemed very prepared and confident, while Complainant appeared to be nervous during the interview. We also noted that the selectee had more experience with business than Complainant. We found the AJ's assessment that - the Agency provided legitimate, nondiscriminatory reasons that were not pretextual - was supported by the record.
In his request for reconsideration, reiterates his contention that selecting officials contradicted themselves in their testimony during the hearing. Complainant further contends that he has demonstrated superior qualifications, unfair scoring, and an unfair interview where he was not asked follow-up questions.
We note that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. We note that Complainant reiterates arguments about the merits of his case that were raised at the hearing and during the investigation.
After reviewing 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. 0120102403 remains the Commission's 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 (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 18, 2013
Date
2
0520120544
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120544