05A30706
05-20-2003
Bryant Harris, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Bryant Harris v. Department of Veterans Affairs
05A30706
May 20, 2003
.
Bryant Harris,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30706
Appeal No. 01A22815
Agency No. 200P-2833
DENIAL OF REQUEST FOR RECONSIDERATION
Bryant Harris (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Bryant Harris v. Department of Veterans Affairs, EEOC
Appeal No. 01A22815 (April 1, 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). 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
(rev. Nov. 9, 1999), at 9-17.
In his request for reconsideration, complainant reiterates arguments
previously raised on appeal. Complainant contends that the appellate
decision was in error in finding that he stated that his disability was
temporary. He argues that the effects of his injuries were permanent
and he had additional surgeries to be performed. Along with his request,
he submitted an affidavit, dated June 21, 2001, that he contends shows he
told the EEO investigator that he had a permanent disability. A review
of the affidavit reveals that, in response to the question as to whether
his disability is permanent or temporary, complainant stated, "it will
have permanent effects, yes, but right now, it's temporary status, at
least for a year, until we get the results of-�until after the surgeries
have been completed." Review of the appellate decision reveals that
complainant's statement was not material to the outcome of the case.
Accordingly, the Commission finds that complaint failed to demonstrate
that the appellate decision involved a clearly erroneous interpretation
of material fact.
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. The decision in EEOC
Appeal No. 01A22815 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
May 20, 2003
__________________
Date