0520080432
05-12-2008
Andre S. Watkins, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.
Andre S. Watkins,
Complainant,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
Agency.
Request No. 0520080432
Appeal No. 0120065020
Agency No. HS050955
DENIAL
Complainant timely requested reconsideration of the decision in Andre
S. Watkins v. Department of Homeland Security (TSA), EEOC Appeal
No. 0120065020 (March 19, 2008). 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 the underlying case, complainant alleged he was discriminated
against in violation of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. � 2000e et seq., on the basis of his race (Black)
and in retaliation for prior EEO activity when he was terminated from
his position. The agency issued a final agency decision (FAD) finding
no discrimination. Complainant appealed the FAD to the Commission.
In Watkins v. Department of Homeland Security (TSA), EEOC Appeal
No. 0120065020 (March 19, 2008), the Commission found that complainant
failed to offer sufficient evidence to rebut the agency's proffered
reasons for terminating complainant. The Commission affirmed the agency's
FAD finding no discrimination. Complainant now requests the Commission
to reconsider its decision.
In his request for reconsideration, complainant argues that the
Commission's decision contains clearly erroneous interpretations of
material facts and law. In support of this contention, complainant
reiterates arguments he previously made on appeal. However, we remind
complainant 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), 9-17 (November 9, 1999). Since complainant
has not put forth any arguments or contentions that were not previously
considered in rendering the underlying decision, the Commission find that
complainant did not demonstrate that the underlying decision involved
a clearly erroneous interpretation of material fact or law.
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. 0120065020 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
___5-12-08____
Date
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0520080432
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080432