Charles Anderson, Complainant,v.Donald L. Evans, Secretary, Department of Commerce, Agency.

Equal Employment Opportunity CommissionDec 1, 2003
05A31224 (E.E.O.C. Dec. 1, 2003)

05A31224

12-01-2003

Charles Anderson, Complainant, v. Donald L. Evans, Secretary, Department of Commerce, Agency.


Charles Anderson v. Department of Commerce

05A31224

December 1, 2003

.

Charles Anderson,

Complainant,

v.

Donald L. Evans,

Secretary,

Department of Commerce,

Agency.

Request No. 05A31224

Appeal No. 01A30203

Agency No. 01-56-12

Hearing No. 100-A2-7598X

DENIAL OF REQUEST FOR RECONSIDERATION

Charles Anderson (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Charles Anderson v. Department of Commerce, EEOC

Appeal No. 01A30203 (July 29, 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 (African American), sex

(male), and age (DOB: 9/12/42) 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 constructively discharged and

after his resignation the agency restricted his access to its premises.

On October 11, 2002, the Administrative Judge (AJ) issued a decision,

without a hearing, finding no discrimination. On October 28, 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 or law. In addition, complainant failed

to produce any evidence that would show that our prior decision will have

a substantial impact on the policies, practices, or operations of the

agency. The decision in EEOC Appeal No. 01A30203 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 1, 2003

__________________

Date