Anthony G. Hope, Complainant,v.Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.

Equal Employment Opportunity CommissionDec 4, 2003
05A40036 (E.E.O.C. Dec. 4, 2003)

05A40036

12-04-2003

Anthony G. Hope, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, (Defense Logistics Agency), Agency.


Anthony G. Hope v. Department of Defense

05A40036

December 4, 2003

.

Anthony G. Hope,

Complainant,

v.

Donald H. Rumsfeld,

Secretary,

Department of Defense,

(Defense Logistics Agency),

Agency.

Request No. 05A40036

Appeal No. 01A24787

Agency No. TA-00-004

Hearing No. 170-A1-8448X

DENIAL OF REQUEST FOR RECONSIDERATION

Anthony G. Hope (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Anthony G. Hope v. Department of Defense, EEOC Appeal

No. 01A24787 (August 25, 2003). EEOC Regulations provide that the

Commission may, in its discretion, 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 complaint, complainant contended that he was

discriminated against on the bases of race (Caucasian), sex (male),

age (DOB: 10/24/46), and reprisal for prior EEO activity in violation

of Title VII of the Civil Rights Act of 1964 (Title VII), as amended,

42 U.S.C. � 2000e et seq., and the Age Discrimination in Employment Act

of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq., when he was not

selected for the position of Supervisory Product Business Specialist

under Vacancy Announcement Number DSCP 99-109. On June 24, 2002, the

Administrative Judge(AJ) issued a decision finding no discrimination.

On August 11, 2002, the agency issued its final order fully implementing

the AJ's decision. Our prior appellate decision affirmed this finding.

After a review of complainant's request for reconsideration, 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. In reaching

this conclusion, we note that complainant has failed to produce any

evidence that would show that our prior decision was based on an erroneous

interpretation of material fact. The decision in EEOC Appeal No. 01A24787

remains the Commission's final decision. There is no further right of

administrative appeal on the decision of the Commission on this request

for reconsideration.

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

December 4, 2003

__________________

Date